Section 6Z - Compliance with Ministerial professional standards
Extract of legislation
|6Z||Compliance with Ministerial professional standards|
|(1)||A Minister must comply with Ministerial professional standards in performing the Minister’s functions under this Act.|
|(2)||A person (including an officer of an agency) authorised to make decisions in respect of requests made to a Minister must comply with Ministerial professional standards in relation to that request.|
Who do the Ministerial Professional Standards apply to?
Ministers and persons authorised to make freedom of information (FOI) decisions on behalf of Ministers (this may include an agency officer) must comply with Ministerial Professional Standards when making an FOI decision in relation to a request made to a Minister.1
An agency officer authorised to make an FOI decision regarding a request made to a Minister must comply with the Ministerial Professional Standards only regarding that request.2
For example, an agency officer may make FOI decisions regarding requests made to their agency as well as their relevant Minister, provided they are authorised to do so.
Section 6Z(2) ensures an agency officer follows the correct Professional Standards depending on who the request was made to (for example, depending on if the request was made to the Department or to the Minister).