Information Commissioner - Instrument of Delegation

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Instrument of Delegation
Government Information (Information Commissioner) Act 2009 (NSW)
Government Information (Public Access) Act 2009 (NSW)

I, Elizabeth Tydd, Information Commissioner, under section 13 of the Government Information (Information Commissioner) Act 2009 (GIIC Act), do, by this instrument, revoke all previous delegations made under that Act and delegate the exercise and performance of matters arising under, or incidental to the functions, authorities, duties and powers set out in Schedule 1 and Schedule 2 to this instrument, to the officers set out in those schedules.

The Information Commissioner has such functions as may be conferred or imposed on the Commissioner under the GIIC Act or any other Act: section 14, GIIC Act.

This instrument delegates the functions, authorities, duties and powers of the Information Commissioner under:

  • the GIIC Act
  • the Government Information (Public Access) Act 2009 (GIPA Act)

The delegates may not sub-delegate.

This instrument takes effect from the date it is executed. It consists of this page and 13 pages containing Schedule 1 and Schedule 2.

This delegation will continue until revoked notwithstanding the termination of my office as Information Commissioner.

 

Elizabeth Tydd                                             

Information Commissioner

Date:   29 May 2019

 

Instrument of Delegation – Schedule 1

Government Information (Information Commissioner) Act 2009 (NSW)

 

Section
Description of Function/ Power
Officer

Section 15(c)

Determine procedures to be followed in exercising Commissioner’s functions under the GIIC Act, including for an inquiry or investigation conducted by the Commissioner.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, Legal Counsel and Regulatory Advice (LCRA)

Manager Investigation and Review

Section 16

Engage expert assistance for the purposes of the exercise of any of the Commissioner’s functions.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Manager Systems and Corporate Services

Manager Communication and Corporate Affairs

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Section 18(1)

Decide to deal with a complaint or to decline to deal with a complaint.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Regulatory Officer

Section 18(2)

Make preliminary inquiries for the purposes of deciding how to deal with a complaint and request further information from the complainant.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Regulatory Officer

Section 19(1)

Deal with a complaint by taking appropriate measures. 

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Regulatory Officer

Section 19(2)

Deal with a complaint by investigating the complaint under Division 3 of the GIIC Act.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Legal Officer III

Section 21(1)

Investigate and report on the exercise of any functions of agencies under the GIPA Act, including the systems, policies and practices of agencies that relate to their functions under the GIPA Act.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Regulatory Officer

Section 21(2)

Report to Minister responsible for agency to which report relates and principal officer of an agency that is the subject of the report.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Section 22(1)

Give notice to the complainant and the agency of the decision to investigate.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Regulatory Officer

Section 22(2)

Discontinue an investigation of a complaint and give notice of the discontinuance of an investigation to the complainant and the agency.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Legal Officer III

Section 23(2)

Give an opportunity to make submissions on the matter the subject of the investigation.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Section 23(3)

Decide there are grounds for adverse comment in respect of any person in an investigation and give the person the opportunity to make submissions before reporting the comment.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Legal Officer III

Section 23(4)

Where an investigation report is to be published that makes adverse comment, inform the Minister responsible of this and consult the Minister, if required.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Section 24(1)

Report to Minister responsible, principal officer and (where applicable) Secretary of the Department of Premier and Cabinet about any conduct of an investigated agency that constitutes a failure to exercise functions properly under the GIPA Act.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Section 24(2)

Give a copy of the report to the complainant and the agency.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Section 24(3)

Request the agency notify the Commissioner of any action taken or proposed in consequence of the report.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Section 25

Require agencies to give information or a copy of any record or produce any record or other thing.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Legal Officer III

Section 26

Enter and inspect premises and inspect any record or thing in or on premises occupied or used by an agency.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Regulatory Officer

Section 27

Exercise coercive entry or investigative power, or not exercise or cease to exercise a coercive entry power or any requirement under a coercive investigative power because of lawful privilege, unless waived or the privilege is a privilege of an agency.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Section 28(1)

Apply to the Supreme Court for an injunction to prevent contravention of the GIPA Act.

Director Investigation and Reporting

Assistant Director, LCRA

Section 28(2)

Apply to the Supreme Court for an injunction if a person has refused or failed, is refusing or failing or is proposing to refuse or fail, to do any act or thing that the person is required to do under the GIPA Act.

Director Investigation and Reporting

Assistant Director, LCRA

Section 28(5)

Bring proceedings by way of judicial review in connection with the exercise of the functions of an agency under the GIPA Act.

Director Investigation and Reporting

Assistant Director, LCRA

Section 29(1)

Make or hold inquiries for the purposes of an investigation.

Director Investigation and Reporting

Assistant Director, LCRA

Section 29(3)

Determine the amount to be paid to a witness to the inquiry.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Section 31

Furnish information to the Ombudsman.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Regulatory Officer

Section 32

Furnish information to the Director of Public Prosecutions, the Independent Commission Against Corruption or the Law Enforcement Conduct Commission.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Legal Officer III

Section 33(1)

Furnish information to the agency or make comments in respect to a complaint against or relating to the agency.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Section 33(2)

Furnish information to any other agency if satisfied that the information concerned is relevant to the functions, policies, procedures or practices of that other agency and does not disclose personal information.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Legal Officer III

Section 35(2)

Disclose information to the Privacy Commissioner in the course of consulting with the Privacy Commissioner under section 94 of the GIPA Act before making a recommendation against a decision of an agency that there is an overriding public interest against disclosure of the information.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Section 40(2)

Decide to deal with a matter (about which the Ombudsman has consulted) as a complaint under the GIIC Act.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

 

Instrument of Delegation – Schedule 2

Government Information (Public Access) Act 2009 (NSW)

Section
Description of Function/ Power
Officer

Section 12(3)

Issue guidelines about public interest considerations in favour of the disclosure of government information, for the assistance of agencies.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Section 14(3)

Issue guidelines about public interest considerations against the disclosure of government information, for the assistance of agencies.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Section 14(4)

Consult with the Privacy Commissioner before issuing any guideline under section 14(4) about a privacy-related public interest consideration (clause 3(a) or (b) of the Table to section 14).

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Section 17(a)

Promote public awareness and understanding of the GIPA Act and to promote the objects of the Act.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Manager Communication and Corporate Affairs

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Regulatory Officer

Regulatory Support Officer

Section 17(b)

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

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Regulatory Officer

Section 17(c)

Assist agencies in connection with the exercise of their functions under this Act, including by providing services to assist with the lodgment, handling and processing of access applications.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Regulatory Officer

Section 17(d)

Issue guidelines and other publications for the assistance of agencies in connection with their functions under the GIPA Act.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Section 17(e)

Issue guidelines and other publications for the assistance of the public in connection with their rights under the GIPA Act (including rights of review).

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Section 17(f)

Review decisions of agencies under Part 5 of the GIPA Act.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Regulatory Officer

Section 17(g)

Monitor, audit and report on the exercise by agencies of their functions under, and compliance with, the GIPA Act.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Regulatory Officer

Section 17(h)

Make reports and provide recommendations to the Minister about proposals for legislative and administrative changes to further the objects of the GIPA Act.

Director Investigation and Reporting

Assistant Director, LCRA

Section 20

Consult with Chief Executive of the Office of Local Government regarding mandatory provisions for agency information guide.

Director Investigation and Reporting

Assistant Director, LCRA

Section 22(1)

Request agencies consult on the proposed agency information guide (AIG) or amendment to the AIG.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Regulatory Officer

Section 22(2)

Issue guidelines and model AIGs for the assistance of agencies in connection with AIGs.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Section 51(3)(d)

Direct for inclusion in acknowledgement of access application details of rights of review in connection with access applications. 

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Regulatory Officer

Section 66(3)

Publish guidelines about reductions in processing charges for the assistance of agencies.

Director Business Improvement

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Section 82(4)

Recommend internal review.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Regulatory Officer

Section 89, 92A(1)

Review of reviewable decision within 40 days after all information necessary to complete the review is received.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Regulatory Officer

Section 92

Make recommendations on review.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Regulatory Officer

Section 92A(1)

Determine when all information necessary to complete the review is received.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Section 92A(2)

Extend review period and notify agency of extension.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Section 92A(4)

Notify applicant of the completion of the review and of any recommendations made to the agency.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Section 93(1),  (82(4) recommend internal review)

Recommend that the agency reconsider the decision and make a new decision as if the decision reviewed had not been made.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Regulatory Officer

Section 94(1)

Make a recommendation against a decision of an agency that there is an overriding public interest against disclosure of government information.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Regulatory Officer

Section 94(2), (3)

Consult with the Privacy Commissioner before making a recommendation under section 94 about a decision that concerns a privacy-related public interest consideration (clause 3(a) or (b) of the Table to section 14). Disclose information to the Privacy Commissioner in the course of consulting.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Regulatory Officer

Legal Officer III

Regulatory Officer

Section 95

Make a recommendation that any general procedure of an agency in relation to dealing with access applications be changed to conform to the requirements of the GIPA Act or to further the objects of the Act.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Regulatory Officer

Section 96

Refuse to review or to deal further with a review of a decision of an agency if satisfied of certain matters.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Section 99

Refer a decision of an agency (with the applicant’s consent) to NCAT for an administrative review.

Director Investigation and Reporting

Assistant Director, LCRA

Section 104

Appear and be heard in any proceedings before NCAT (and proceedings on an appeal in respect of any such proceedings).

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Senior Regulatory Officer

Legal Officer III

Section 110(5)

Make an application for a restraint order against a person in respect of an access application. 

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Section 130(2)

Assist the Minister and provide advice in connection with review of the GIPA Act.

Director Investigation and Reporting

Assistant Director, LCRA

Senior Project Officer

Legal Officer III

Section 131(2)

Assist the Joint Committee and provide advice in connection with the review of public interest provisions.

Director Investigation and Reporting

Assistant Director, LCRA

Manager Investigation and Review

Senior Project Officer

Legal Officer III