Section 6P - Acting Information Commissioner and Public Access Deputy Commissioner
Extract of legislation
| 6P | Acting Information Commissioner and Public Access Deputy Commissioner | ||
| (1) | The Governor in Council, on the recommendation of the Minister, may appoint an eligible person to act as the Information Commissioner— | ||
| (a) | during a vacancy in the office of the Information Commissioner; or | ||
| (b) | during any period, or all periods, when the Information Commissioner is absent from duty or from the State or, for another reason, cannot perform the functions of the office. | ||
| (2) | The Governor in Council, on the recommendation of the Minister, may appoint an eligible person to act as the Public Access Deputy Commissioner— | ||
| (a) | during a vacancy in the office of the Public Access Deputy Commissioner; or | ||
| (b) | during any period, or all periods, when the Public Access Deputy Commissioner is absent from duty or from the State or, for another reason, cannot perform the functions of the office. | ||
| (3) | A person is not eligible for appointment to act as the Information Commissioner or the Public Access Deputy Commissioner if the person is— | ||
| (a) | a member of the Parliament of Victoria or of the Commonwealth or of another State or a Territory; or | ||
| (b) | a member of a council. | ||
| (4) | An appointment under subsection (1) or (2) is for the period, not exceeding 12 months, set out in the instrument of appointment. | ||
| (5) | The Governor in Council, on the recommendation of the Minister, may at any time remove the acting Information Commissioner or the acting Public Access Deputy Commissioner from office. | ||
| (6) | While a person is acting in the office of the Information Commissioner or the Public Access Deputy Commissioner, the person— | ||
| (a) | has, and may exercise, all the powers and must perform all the duties of that office under this Act and any other Act; and | ||
| (b) | is entitled to be paid the remuneration and allowances that the Information Commissioner or Public Access Deputy Commissioner would have been entitled to for performing those duties. | ||
Guidelines
Governor in Council may appoint acting Commissioners
The Governor in Council, on the recommendation of the Minister, may temporarily appoint an acting Information Commissioner and an acting Public Access Deputy Commissioner for a maximum of 12 months.5 This is where the Information Commissioner or Public Access Deputy Commissioner:
- office is vacant;
- is absent from duty;
- is absent from the State; or
- for another reason, cannot perform their functions.6
Only ‘eligible persons’ may be appointed as an acting Commissioner. A person is not eligible for appointment if they are:
- a Member of Parliament of Victoria, the Commonwealth, or another State or Territory; or
- a member of a council.7
A ‘member of a council’ means a member of any municipal Council (including the Melbourne City Council and the Greater Geelong City Council).8
Powers, duties, and remuneration of acting Commissioners
An acting Information Commissioner or acting Public Access Deputy Commissioner performs the same functions and exercises the same powers as the Information Commissioner or Public Access Deputy Commissioner.11
An acting Commissioner will receive the same remuneration and allowances that the Information Commissioner or Public Access Deputy Commissioner would normally be paid.12
The difference with an acting position is that the acting Commissioner position is temporary, to fill a vacancy or absence where the Commissioner is unable to perform their functions.
Further, an acting Commissioner may be removed more easily than the substantive office holder (particularly in the case of the Information Commissioner).
Removing an acting Information Commissioner or acting Public Access Deputy Commissioner
The Governor in Council, on the recommendation of the Minister, may remove the acting Information Commissioner or the acting Public Access Deputy Commissioner at any time during their period of appointment.14
More information
- Freedom of Information Act 1982 (Vic), section 6P(4).
- Freedom of Information Act 1982 (Vic), sections 6P(1) and 6P(2).
- Freedom of Information Act 1982 (Vic), section 6P(3); for the definition of ‘a council’, see section 5.
- Local Government Act 2020 (Vic), section 3(1).
- Freedom of Information Act 1982 (Vic), section 6P(4).
- Freedom of Information Act 1982 (Vic), sections 6P(1) and 6P(2).
- Freedom of Information Act 1982 (Vic), section 6P(3); for the definition of ‘a council’, see section 5.
- Local Government Act 2020 (Vic), section 3(1).
- Freedom of Information Act 1982 (Vic), section 6P(6)(a).
- Freedom of Information Act 1982 (Vic), section 6P(6)(b).
- Freedom of Information Act 1982 (Vic), section 6P(6)(a).
- Freedom of Information Act 1982 (Vic), section 6P(6)(b).
- Freedom of Information Act 1982 (Vic), section 6P(5).
- Freedom of Information Act 1982 (Vic), section 6P(5).
