Privacy Commissioner's Instrument of Delegation

PPIP and HRIP Acts instrument of delegation

Section 35H of the Privacy and Personal Information Protection Act 1998 (PPIP Act) provides that:

The Commissioner may delegate the exercise of any function of the Commissioner (other than this power of delegation) to: 

  • Any member of staff of the Commissioner (section 35H(a)) 

In accordance with this provision, I, Paul McKnight, Acting Privacy Commissioner, pursuant to section 35H, hereby delegate the powers, functions, authorities and duties under the PPIP Act and the Health Records and Information Privacy Act 2002 (HRIP Act) outlined in Column 1 to the following Public Service employees who are from time to time are assigned to the roles within the Information and Privacy Commission in Column 3 (Delegated Public Service employee) and subject to the limitations contained in the Information and Privacy Commission’s case management policies and procedures.

The brief description of the power/ function in Column 2 is for information only and do not in any way limit the delegation of the power, functions, authorities and duties unless specified.

 

Column 1

Column 2

Column 3

Delegation No

Legislation

Power/function

 

 

 

Delegated Public Service employees

1

Section 33, PPIP Act

To consider, assess and consult with agencies on privacy management plans

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

 

2

Section 36(2) (g), PPIP Act

To provide advice on matters relating to the protection of personal information and the privacy of individuals

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

 

3

Section 36(2) (k), PPIP Act

To receive complaints about privacy related matters (including a complaint to which Part 5 applies)

Intake and Review Officers

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

 

4

Section 37, PPIP Act

To require any person or public service agency to give a statement  of information, to produce a document  or other thing and to give a copy of any document to allow the exercise of the delegated functions of the Privacy Commissioner

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

 

5

Section 45(4), PPIP Act

To require information about a complaint to be provided in a particular form or manner

Enquiry and Promotion Officers

Intake and Review Officers

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

 

6

Section 46(1), PPIP Act

To conduct a preliminary assessment of a complaint for the purposes of deciding how to deal with a complaint

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

7

Section 47, PPIP Act

To refer complaints to any person considered appropriate in the circumstances

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

8

Section 48(1), PPIP Act

To deal with a privacy complaint

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

9

Section 48(2), PPIP Act

To decline to deal with a privacy complaint

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

10

Section 49, PPIP Act

To conciliate a privacy complaint

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

11

Section 53, PPIP Act

To receive an application for internal review  under Part 5

Enquiry and Promotion Officers

Intake and Review Officers

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

 

12

Section 54, PPIP Act

To make submissions on an internal review report prepared  under Part 5

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

13

Section 21, HRIP Act

To receive complaints about the conduct of public sector agencies concerning health information to which Part 5 of the PPIP Act applies

Enquiry and Promotion Officers

Intake and Review Officers

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

 

14

Section 42, HRIP Act

To receive health related complaints against private sector persons

Enquiry and Promotion Officers

Intake and Review Officers

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

 

15

Section 43(1), HRIP Act

To conduct a preliminary assessment of a health related complaint for the purposes of deciding how to deal with a complaint

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

16

Section 44, HRIP Act

To decide if there is a prima facie case that the respondent contravened a Heath Privacy Principle a provision of Part or a health privacy code of practice

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

17

Section 58(e ), HRIP Act

To provide advice on matters relating to the protection of health information and the privacy of individuals

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

18

Section 59, HRIP Act

To require any person or public service agency to give a statement  of information, to produce a document  or other thing and to give a copy of any document to allow the exercise of the delegated functions of the Privacy Commissioner

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

 

19

Section 65, HRIP Act

To refer complaints to the Health Care Complaints Commission if the complaint concerns the professional conduct of a health service provider or a health service that affects the clinical management or care of a person who uses or receives a health service (including  a patient)

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

20

Section 66, HRIP Act

To refer a complaint to the Commonwealth Privacy Commissioner if it appears the complaint should be dealt with by the Commonwealth Privacy Commissioner

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

21

Section 67, HRIP Act

To refer complaints to any person considered appropriate in the circumstances

Senior Project Officers, Performance Reporting and Projects

Manager, Performance Reporting and Projects

Investigation and Review Officers

Senior Investigation and Review Officers

Manager, Investigation and Review

Principal Review Officer

Director, Investigation and Reporting

Director, Business Improvement

 

These delegations continue until such time as they are replaced or revoked.

 

SIGNED:

Paul McKnight

ACTING PRIVACY COMMISSIONER

DATE:

 

 

Rating: 
No votes yet
Tags: 
Keywords: 
Privacy Commissioner's Instrument of Delegation
Archive: 
0