Section 6T - Validity of acts and decisions

Extract of legislation

      
6T
Validity of acts and decisions

An act or decision of the Information Commissioner, Public Access Deputy Commissioner or acting Information Commissioner or acting Public Access Deputy Commissioner is not invalid only because—

(a)
of a defect or irregularity in or in connection with the appointment of the Information Commissioner, Public Access Deputy Commissioner or acting Information Commissioner or acting Public Access Deputy Commissioner; or

(b)
in the case of an acting Information Commissioner or acting Public Access Deputy Commissioner, that the occasion for so acting had not arisen or had ceased.

Guidelines

Validity of acts and decisions

1.1

Section 6T clarifies the validity of an act or decision of the Information Commissioner or the Public Access Deputy Commissioner (and an acting Information Commissioner or acting Public Access Deputy Commissioner) if there are issues with how or when the person was appointed.

1.2

There may be other reasons why an act or decision is invalid; the purpose of section 6T is to overcome any procedural and technical argument, ensuring any issue with the appointment alone does not give rise to invalidity of any acts and decisions.

1.3

An act or decision of the Information Commissioner or Public Access Deputy Commissioner (including acting Commissioners) will not be invalid:

if there is an issue with how the Information Commissioner⁵ was appointed (for example, the appointment process was not followed properly);⁶ or
for an acting Information Commissioner,⁷ where a vacancy or absence in the position had not started or had expired.⁸

More information

Section 6C – Appointment of the Information Commissioner

Section 6D – Appointment of Public Access Deputy Commissioner

Section 6P – Acting Information Commissioner and Public Access Deputy Commissioner

Or Public Access Deputy Commissioner, acting Information Commissioner, or acting Public Access Deputy Commissioner.
Freedom of Information Act 1982 (Vic), section 6T(a).
Or acting Public Access Deputy Commissioner.
Freedom of Information Act 1982 (Vic), section 6T(b).
Or Public Access Deputy Commissioner, acting Information Commissioner, or acting Public Access Deputy Commissioner.
Freedom of Information Act 1982 (Vic), section 6T(a).
Or acting Public Access Deputy Commissioner.
Freedom of Information Act 1982 (Vic), section 6T(b).

Section 6T - Validity of acts and decisions

Extract of legislation

Guidelines

Validity of acts and decisions

More information

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Details

6T	Validity of acts and decisions
	An act or decision of the Information Commissioner, Public Access Deputy Commissioner or acting Information Commissioner or acting Public Access Deputy Commissioner is not invalid only because—
	(a)	of a defect or irregularity in or in connection with the appointment of the Information Commissioner, Public Access Deputy Commissioner or acting Information Commissioner or acting Public Access Deputy Commissioner; or
	(b)	in the case of an acting Information Commissioner or acting Public Access Deputy Commissioner, that the occasion for so acting had not arisen or had ceased.