If NCAT is of the opinion on the completion of an NCAT administrative review that an officer of an agency has failed to exercise in good faith a function conferred on the officer by or under this Act, NCAT may on its own initiative bring the matter to the attention of--
(a) the Minister who appears to NCAT to have responsibility for the agency, or
(b) if the Minister who appears to NCAT to have responsibility for the agency was a party to the proceedings, the Information Commissioner.