Information Commissioner Instrument of delegation

GIIC and GIPA Acts instrument of delegation (PDF, 88kb)

Section 13 of the Government Information (Information Commissioner) Act 2009 (GIIC 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, or
  • any person, or any class of persons, authorised for the purposes of this section by the regulations.

In accordance with this provision, I, Elizabeth Marcelle Tydd, Information Commissioner, hereby delegate the exercise of the following functions outlined in Tables 1 to 19 to the following staff roles within the Information and Privacy Commission:

Table 1:

GIIC Act legislation

Function delegated to Enquiry and Promotion Officers

Section 15(a)

To act in an informal manner (including avoiding conducting formal hearings) as far as possible

Section 15(b)

To act according to the substantial merits of the case without undue regard to technicalities

Section 15(d)

Not being bound by the rules of evidence, and able to inform himself or herself on any matter in a way that
the officer considers to be just.

Section 17

To receive a complaint

Section 18(2)

To make preliminary inquiries for the purposes of deciding how to deal with a complaint, including requesting
further information from the complainant

Table 2:

GIPA Act legislation

Function delegated to Enquiry and Promotion Officers

Section 17(b)

To provide information, advice, assistance and training to agencies and the public on any matters relevant to the
GIPA Act

Section 17(c)

To assist agencies in connection with the exercise of their functions under the GIPA Act, including providing
services to assist with lodgment, handling and processing of access applications

Table 3:

GIIC Act legislation

Function delegated to Senior Project Officers

Section 15(a)

To act in an informal manner (including avoiding conducting formal hearings) as far as possible

Section 15(b)

To act according to the substantial merits of the case without undue regard to technicalities

Section 15(d)

Not being bound by the rules of evidence, and able to inform himself or herself on any matter in a way that
the officer considers to be just.

Table 4:

GIPA Act legislation

Function delegated to Senior Project Officers

Section 17(b)

To provide information, advice assistance and training to agencies and the public on any matters relevant to the
GIPA Act

Section 17(c)

To assist agencies in the connection with the exercise of their functions under the GIPA Act, including providing
services to assist with lodgment, handling and processing of access applications

Table 5:

GIIC Act legislation

Function delegated to Manager, Performance and Reporting

Section 15(a)

To act in an informal manner (including avoiding conducting formal hearings) as far as possible

Section 15(b)

To act according to the substantial merits of the case without undue regard to technicalities

Section 15(d)

Not being bound by the rules of evidence, and able to inform himself or herself on any matter in a way that
the officer considers to be just.

Table 6:

GIPA Act legislation

Function delegated to Manager Performance and Reporting

Section 17(b)

To provide information, advice, assistance, and training to agencies and the public on any matters relevant to the
GIPA Act

Section 17(c)

To assist agencies in connection with the exercise of their functions under the GIPA Act, including providing
services to assist with lodgment, handling and processing of access applications

Table 7:

GIPA Act legislation

Function delegated to Manager Communication and Corporate Affairs

Section 17(a)

To promote public awareness and understanding of the GIPA Act and to promote the objects of the GIPA Act

Table 8:

GIIC Act legislation

Function delegated to Intake and Review Officers

Section 15(a)

To act in an informal manner (including avoiding conducting formal hearings) as far as possible

Section 15(b)

To act according to the substantial merits of the case without undue regard to technicalities

Section 15(d)

Not being bound by the rules of evidence, and able to inform himself or herself on any matter in a way
that the officer considers to be just.

Section 17

To receive a complaint

Section 18(2)

To make preliminary inquiries for the purposes of deciding how to deal with a complaint, including requesting
further information from the complainant.

Section 19(1)(a)

Providing information to the parties to the complaint

Section 19(1)(b)

Undertaking discussions concerning the complaint with the parties to the complaint,

Section 19(1)(c)

Facilitating the direct resolution of the complaint by the parties to the complaint (including by conciliation or other
informal process)

Section 20

To give notice to the complainant of the decision on whether to deal with the complaint and, if applicable, how the
complaint will be dealt with

Table 9:

GIPA Act legislation

Function delegated to Intake and Review Officers

Section 17(b)

To provide information, advice, assistance and training to agencies and the public on any matters relevant to the
GIPA Act

Section 17(c)

To assist agencies in connection with the exercise of their functions under the GIPA Act, including providing
services to assist with lodgment, handling and processing of access applications

Section 17(f)

To review decisions of agencies pursuant to Part 5 of the GIPA Act

Table 10:

GIIC Act legislation

Function delegated to Investigation and Review Officers

Section 15(a)

To act in an informal manner (including avoiding conducting formal hearings) as far as possible

Section 15(b)

To act according to the substantial merits of the case without undue regard to technicalities

Section 15(d)

Not being bound by the rules of evidence, and able to inform himself or herself on any matter in a way that
the officer considers to be just.

Section 17

To receive a complaint

Section 18(2)

To make preliminary inquiries for the purposes of deciding how to deal with a complaint, including requesting
further information from the complainant.

Section 19(1)(a)

Providing information to the parties to the complaint

Section 19(1)(b)

Undertaking discussions concerning the complaint with the parties to the complaint,

Section 19(1)(c)

Facilitating the direct resolution of the complaint by the parties to the complaint (including by conciliation or other
 informal process)

Section 20

To give notice to the complainant of the decision on whether to deal with the complaint and, if applicable, how the
complaint will be dealt with

Section 21(1)

To investigate the exercise of any functions of one or more agencies under an Information Act, including the
systems, policies and practices of agencies that relate to functions of agencies under an Information Act

Section 22(1)

Once a decision is made to investigate a complaint, to provide notice to the complainant of the decision to investigate,
and to the agency complained about of the decision to investigate

Section 23(2)(a)

To provide an opportunity to make submissions on the matter that is the subject of the investigation, if practicable, to the agency whose conduct is the subject of investigation

Section 23(2)(b)

To provide an opportunity to make submissions on the matter that is the subject of the investigation in the case of an investigation of a complaint, to the complainant

Section 26(b)

To inspect any record or thing in or on the premises occupied or used by an agency, for the purposes of an
investigation under the GIIC Act

Table 11:

GIPA Act legislation

Function delegated to Investigation and Review Officers

Section 17(b)

To provide information, advice, assistance and training to agencies and the public on any matters relevant to the
GIPA Act

Section 17(c)

To assist agencies in connection with the exercise of their functions under the GIPA Act, including providing
services to assist with lodgment, handling and processing of access applications

Section 17(f)

To review decisions of agencies pursuant to Part 5 of the GIPA Act

Table 12:

GIIC Act legislation

Function delegated to Senior Investigation and Review Officers

Section 15(a)

To act in an informal manner (including avoiding conducting formal hearings) as far as possible

Section 15(b)

To act according to the substantial merits of the case without undue regard to technicalities

Section 15(d)

Not being bound by the rules of evidence, and able to inform himself or herself
on any matter in a way that the officer considers to be just.

Section 17

To receive a complaint

Section 18(1)

To decline to deal with a complaint

Section 18(2)

To make preliminary inquiries for the purposes of deciding how to deal with a complaint, including requesting
further information from the complainant.

Section 19(1)(a)

Providing information to the parties to the complaint

Section 19(1)(b)

Undertaking discussions concerning the complaint with the parties to the complaint,

Section 19(1)(c)

Facilitating the direct resolution of the complaint by the parties to the complaint (including by conciliation or other
informal process)

Section 20

To give notice to the complainant of the decision on whether to deal with the complaint and, if applicable, how
the complaint will be dealt with

Section 21(1)

To investigate the exercise of any functions of one or more agencies under an Information Act, including the
systems, policies and practices of agencies that relate to functions of agencies under an Information Act

Section 22(1)

Once a decision is made to investigate a complaint, to provide notice to the complainant of the decision to
investigate, and to the agency complained about of the decision to investigate

Section 23(2)(a)

To provide an opportunity to make submissions on the matter that is the subject of the investigation, if practicable,
to the agency whose conduct is the subject of investigation

Section 23(2)(b)

To provide an opportunity to make submissions on the matter that is the subject of the investigation in the case
of an investigation of a complaint, to the complainant

Section 26(b)

To inspect any record or thing in or on the premises occupied or used by an agency, for the purposes of an
investigation under the GIIC Act

Table 13:

GIPA Act legislation

Function delegated to Senior Investigation and Review Officers

Section 17(b)

To provide information, advice assistance and training to agencies and the public on any matters relevant to the
GIPA Act

Section 17(c)

To assist agencies in the connection with the exercise of their functions under the GIPA Act, including providing
services to assist with lodgment, handling and processing of access applications

Section 17(f)

To review decisions of agencies pursuant to Part 5 of the GIPA Act

Table 14:

GIIC Act legislation

Function delegated to Manager Investigation and Review

Section 15(a)

To act in an informal manner (including avoiding conducting formal hearings) as far as possible

Section 15(b)

To act according to the substantial merits of the case without undue regard to technicalities

Section 15(d)

Not being bound by the rules of evidence, and able to inform himself or herself on any matter in a way
that the officer considers to be just.

Section 17

To receive a complaint

Section 18(1)

To decline to deal with a complaint

Section 18(2)

To make preliminary inquiries for the purposes of deciding how to deal with a complaint, including requesting
further information from the complainant.

Section 19(1)(a)

Providing information to the parties to the complaint

Section 19(1)(b)

Undertaking discussions concerning the complaint with the parties to the complaint,

Section 19(1)(c)

Facilitating the direct resolution of the complaint by the parties to the complaint (including by conciliation or
other informal process)

Section 20

To give notice to the complainant of the decision on whether to deal with the complaint and, if applicable, how
the complaint will be dealt with

Section 21(1)

To investigate the exercise of any functions of one or more agencies under an Information Act, including the
systems, policies and practices of agencies that relate to functions of agencies under an Information Act

Section 22(1)

Once a decision is made to investigate a complaint, to provide notice to the complainant of the decision to
investigate, and to the agency complained about of the decision to investigate

Section 22(2)

To decide to discontinue an investigation and to provide a notice of discontinuation to the complainant and the
agency concerned

Section 23(2)(a)

To provide an opportunity to make submissions on the matter that is the subject of the investigation, if practicable,
to the agency whose conduct is the subject of investigation,

Section 23(2)(b)

 To provide an opportunity to make submissions on the matter that is the subject of the investigation in the case of an investigation of a complaint, to the complainant

Section 23(3)(a)

Where there are grounds for adverse comments in respect of any person before any comment is made in a report
to inform that person of the substance of the grounds of the adverse comment

Section 23(3)(b)

Where there are grounds for adverse comments in respect of any person before any comment is made in a report to
give that person an opportunity to make submissions

Section 26(b)

To inspect any record or thing in or on the premises occupied or used by an agency, for the purposes of an
investigation under the GIIC Act

Section 33(1)

To furnish to an agency information obtained by the IPC in discharging functions under the GIIC Act with respect to a complaint against or relating to the agency and to make such comments to the agency with respect to the complaint
as the officer thinks fit

Section 33(2)(a)

To furnish any or all of the information referred to under section 33(1) to any other agency and to make such
comments to that agency as the officers thinks appropriate if the officer is satisfied that the information concerned
is relevant to the functions, policies, procedures or practices of that other agency

Section 33(2)(b)

To furnish any or all of the information referred to under section 33(1) to any other agency and to make such
comments to that agency as the officers thinks appropriate if the information does not disclose any personal
information within the meaning of the relevant privacy legislation

Section 34(1)

To receive from the Ombudsman information that the Ombudsman is of the opinion relates to conduct of an
agency that could be the subject of a complaint to the Commissioner under the GIIC Act

Table 15:

GIPA Act legislation

Function delegated to Manager Investigation and Review

Section 17(b)

To provide information, advice, assistance and training to agencies and the public on any matters relevant to the
GIPA Act

Section 17(c)

To assist agencies in connection with the exercise of their functions under the GIPA Act, including providing
services to assist with lodgment, handling and processing of access applications

Section 17(f)

To review decisions of agencies pursuant to Part 5 of the GIPA Act

Table 16:

GIIC Act legislation

Function delegated to Director, Business Improvement and Director, Investigation and Reporting

Section 15(a)

To act in an informal manner (including avoiding conducting formal hearings) as far as possible

Section 15(b)

To act according to the substantial merits of the case without undue regard to technicalities

Section 15(d)

Not being bound by the rules of evidence, and able to inform himself or herself on any matter in a way that
the officer considers to be just.

Section 16

To engage the services of any person for the purpose of getting expert assistance

Section 17

To receive a complaint

Section 18(1)

To decline to deal with a complaint

Section 18(2)

To make preliminary inquiries for the purposes of deciding how to deal with a complaint, including requesting
further information from the complainant.

Section 19(1)(a)

Providing information to the parties to the complaint

Section 19(1)(b)

Undertaking discussions concerning the complaint with the parties to the complaint,

Section 19(1)(c)

Facilitating the direct resolution of the complaint by the parties to the complaint (including by conciliation or
other informal process)

Section 20

To give notice to the complainant of the decision on whether to deal with the complaint and, if applicable,
 how the complaint will be dealt with

Section 21(1)

To investigate the exercise of any functions of one or more agencies under an Information Act, including
the systems, policies and practices of agencies that relate to functions of agencies under an Information Act

Section 22(1)

Once a decision is made to investigate a complaint, to provide notice to the complainant of the decision to
investigate, and to the agency complained about of the decision to investigate

Section 22(2)

To decide to discontinue an investigation and to provide a notice of discontinuation to the complainant and the
agency concerned

Section 23(2)(a)

To provide an opportunity to make submissions on the matter that is the subject of the investigation, if practicable,
to the agency whose conduct is the subject of investigation,

Section 23(2)(b)

To provide an opportunity to make submissions on the matter that is the subject of the investigation in the case of an investigation of a complaint, to the complainant

Section 23(3)(a)

Where there are grounds for adverse comments in respect of any person before any comment is made in a report
to inform that person of the substance of the grounds of the adverse comment

Section 23(3)(b)

Where there are grounds for adverse comments in respect of any person before any comment is made in a report to
give that person an opportunity to make submissions

Section 25(1)(a)

To require an agency to provide a statement of information

Section 25(1)(b)

To require an agency to produce any record or other thing

Section 25(1)(c)

To require an agency to give a copy of any record;

Section 25(2)

To specify in writing the information, record or thing required, as well as to fix a time and specify a place for
compliance

Section 26(a)

To enter and inspect any premises occupied or used by an agency, for the purposes of an investigation under
the GIIC Act

Section 26(b)

To inspect any record or thing in or on the premises occupied or used by an agency, for the purposes of an
investigation under the GIIC Act

Section 31(1)

To furnish to the Ombudsman information obtained by the IPC if in the officer’s opinion the information relates
to conduct of an agency that could be the subject of a complaint under the Ombudsman Act 1974

Section 32(1)

To furnish to the Director of Public Prosecutions, the Independent Commission Against Corruption or the Police
Integrity Commission information obtained by the IPC

Section 33(1)(a)

To furnish to an agency information obtained by the IPC in discharging functions under the GIIC Act with
respect to a complaint against or relating to the agency

Section 33(1)(b)

To make such comments to the agency with respect to the complaint as the officer thinks fit

Section 33(2)(a)

To furnish any or all of the information referred to under section 33(1) to any other agency and to make such
comments to that agency as the officers thinks appropriate if the officer is satisfied that the information concerned
is relevant to the functions, policies, procedures or practices of that other agency 

Section 33(2)(b)

To furnish any or all of the information referred to under section 33(1) to any other agency and to make such
comments to that agency as the officers thinks appropriate if the information does not disclose any personal
information within the meaning of the relevant privacy legislation

Section 34(1)

To receive from the Ombudsman information that the Ombudsman is of the opinion relates to conduct of an agency
that could be the subject of a complaint to the Commissioner under the GIIC Act

Table 17

GIPA Act legislation

Function delegated to Director, Investigation and Reporting

Section 17(b)

To provide information, advice, assistance and training to agencies and the public on any matters relevant to the
GIPA Act

Section 17(c)

To assist agencies in connection with the exercise of their functions under the GIPA Act, including providing
services to assist with lodgment, handling and processing of access applications

Section 17(f)

To review decisions of agencies pursuant to Part 5 of the GIPA Act

Table 18:

GIIC Act legislation

Function delegated to Principal Review Officer

Section 15(a)

To act in an informal manner (including avoiding conducting formal hearings) as far as possible

Section 15(b)

To act according to the substantial merits of the case without undue regard to technicalities

Section 15(d)

Not being bound by the rules of evidence, and able to inform himself or herself on any matter in a way that the
officer considers to be just.

Section 17

To receive a complaint

Section 18(1)

To decline to deal with a complaint

Section 18(2)

To make preliminary inquiries for the purposes of deciding how to deal with a complaint, including requesting
further information from the complainant.

Section 19(1)(a)

Providing information to the parties to the complaint

Section 19(1)(b)

Undertaking discussions concerning the complaint with the parties to the complaint,

Section 19(1)(c)

Facilitating the direct resolution of the complaint by the parties to the complaint (including by conciliation or other
informal process)

Section 20

To give notice to the complainant of the decision on whether to deal with the complaint and, if applicable, how the
complaint will be dealt with

Section 21(1)

To investigate the exercise of any functions of one or more agencies under an Information Act, including the systems,
policies and practices of agencies that relate to functions of agencies under an Information Act

Section 22(1)

Once a decision is made to investigate a complaint, to provide notice to the complainant of the decision to investigate,
and to the agency complained about of the decision to investigate

Section 22(2)

To decide to discontinue an investigation and to provide a notice of discontinuation to the complainant and the
agency concerned

Section 23(2)(a)

To provide an opportunity to make submissions on the matter that is the subject of the investigation, if practicable,
to the agency whose conduct is the subject of investigation,

Section 23(2)(b)

To provide an opportunity to make submissions on the matter that is the subject of the investigation in the case of
an investigation of a complaint, to the complainant

Section 23(3)(a)

Where there are grounds for adverse comments in respect of any person before any comment is made in a report to
inform that person of the substance of the grounds of the adverse comment

Section 23(3)(b)

Where there are grounds for adverse comments in respect of any person before any comment is made in a report to
give that person an opportunity to make submissions

Section 26(b)

To inspect any record or thing in or on the premises occupied or used by an agency, for the purposes of an
investigation under the GIIC Act

Section 28(1)

To apply to the Supreme Court to grant an injunction restraining a person from engaging in any conduct that
constituted, constitutes, or would constitute a contravention of any provisions of an Information Act

Section 28(2)

To apply to the Supreme Court to grant an injunction requiring a person to do an act or thing that they are required
to do by or under and Information Act that they have refused or failed, are refusing or failing, or are proposing to refuse or fail to do

Section 28(5)

To bring proceedings by way of judicial review in connection with the exercise of the functions of an agency under
the Government Information (Public Access) Act 2009

Section 33(1)(a)

To furnish to an agency information obtained by the IPC in discharging functions under the GIIC Act with respect
to a complaint against or relating to the agency

Section 33(1)(b)

To make such comments to the agency with respect to the complaint as the officer thinks fit

Section 33(2)(a)

To furnish any or all of the information referred to under section 33(1) to any other agency and to make such
comments to that agency as the officers thinks appropriate if the officer is satisfied that the information concerned
is relevant to the functions, policies, procedures or practices of that other agency

Section 33(2)(b)

To furnish any or all of the information referred to under section 33(1) to any other agency and to make such
comments to that agency as the officers thinks appropriate if the information does not disclose any personal
information within the meaning of the relevant privacy legislation

Table 19:

GIPA Act legislation

Function delegated to Principal Review Officer

Section 17(b)

To provide information, advice, assistance and training to agencies and the public on any matters relevant to the
GIPA Act

Section 17(c)

To assist agencies in connection with the exercise of their functions under the GIPA Act, including providing
services to assist with lodgment, handling and processing of access applications

Section 17(f)

To review decisions of agencies pursuant to Part 5 of the GIPA Act

Section 99

With the consent of the applicant for review, refer a decision of an agency that is the subject of a review by the
Information Commissioner under Part 5 Division 3 of the GIPA Act to NSW Civil and Administrative Tribunal (NCAT) for review.

Section 104(1)

To exercise the Commissioner’s entitlement to appear and be heard in GIPA proceedings brought in NCAT

SIGNED:

DATE:    12 December 2014

Elizabeth Marcelle Tydd
INFORMATION COMMISSIONER

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