Queensland Numbered Acts Queensland Numbered ActsAfter part 5--
insert--
'(1) There is to be an Information Commissioner.
'(2) The office called the Office of the Information Commissioner is established.
'(3) The office consists of the commissioner and the staff of the office.
'(1) The office is a statutory body for the Financial Administration and Audit Act 1977 and the Statutory Bodies Financial Arrangements Act 1982.
'(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which the office's powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982.
'(1) The functions of the commissioner are to investigate and review decisions of agencies and Ministers of the following kinds--
(a) a decision under section 20 as to whether a person's opinion is correct and a decision under section 20 not to publish statements of affairs or as to whether a statement of affairs complies with part 2;
(b) a decision under section 29, 29B or 54B63 refusing to deal with an application;
(c) a decision refusing to grant access to documents in accordance with an application under section 25;
(d) a decision giving access to documents subject to the deletion of exempt matter or matter an agency or Minister considers is irrelevant matter;
(e) a decision giving access to a document of a kind applied for by the applicant but not to all documents of the kind applied for by the applicant;
(f) a decision giving access to documents in a form different to the form applied for by the applicant, unless access in the form applied for would involve an infringement of the copyright of a person other than the State;
(g) a decision deferring providing access to documents;
(h) a decision about whether an application fee is payable;
(i) a decision that a processing charge or access charge is payable under a final assessment notice if--
(i) the applicant considers that the charge is wrongly assessed; or
(ii) the applicant considers that the charge should be waived because the applicant is in financial hardship and an objection notice has been given in which the applicant contended the charge should be waived because the applicant is in financial hardship;
(j) a decision, in relation to an objection notice, that--
(i) the original charge was wrongly assessed and should be reduced on a proper assessment; or
(ii) a contention in the objection notice should be rejected;
(k) a decision--
(i) to disclose documents contrary to the views of a government, agency or person obtained under section 51; or
(ii) to disclose documents if an agency or Minister should have taken, but has not taken, steps to obtain the views of a government, agency or person under section 51;
(l) a decision not to amend information in accordance with an application under section 53;
(m) a decision mentioned in section 59(6);
(n) a decision that this Act, or a part of this Act, does not apply to an entity--
(i) because the entity is not an agency for this Act; or
(ii) because of section 11 or 1264 or another Act;
(o) a decision that this Act, or a part of this Act, does not apply to a document because of section 11, 11A, 11B, 11C or 1265 or another Act;
(p) a decision that a person is not entitled to access to a document because of section 11E.66
'(2) For subsection (1)(i), it does not matter whether the processing charge or access charge has already been paid.
'(3) The functions of the commissioner also include--
(a) investigating and reviewing the grounds for a decision to issue a certificate under section 36, 37, 42 or 42A; and
(b) investigating and reviewing whether, in relation to a decision mentioned in subsection (1)(c) or (e), agencies and Ministers have taken reasonable steps to identify and locate documents applied for by applicants; and
(c) making declarations under section 96A; 67 and
(d) providing information and help to agencies and members of the public on matters relevant to part 5 or 5A68 of this Act.
'(4) The commissioner has power to do all things that are necessary or convenient to be done for or in connection with the performance of the commissioner's functions.
'The commissioner controls the office.
'(1) The commissioner is not subject to direction by any person about--
(a) the way in which the commissioner's powers in relation to investigations and reviews are to be exercised; or
(b) the priority to be given to investigations and reviews.
'(2) Subsection (1) has effect despite the Public Service Act 1996.
'(1) For each financial year, the commissioner must develop, adopt and submit to the Minister a budget for the office not later than the day the Minister directs.
'(2) A budget has no effect until approved by the Minister.
'(3) During a financial year the commissioner may develop, adopt and submit to the Minister amendments to the office's budget.
'(4) An amendment has no effect until approved by the Minister.
'(5) The office must comply with its budget.
'(6) This section does not require the commissioner to give the Minister any details that would, if given, prejudice a current investigation or review by the commissioner.
'(1) The commissioner is appointed by the Governor in Council.
'(2) The commissioner is appointed under this Act and not under the Public Service Act 1996.
'(1) A person may be appointed as commissioner only if--
(a) the Minister has placed press advertisements nationally calling for applications from suitably qualified persons to be considered for appointment; and
(b) the Minister has consulted with the parliamentary committee about--
(i) the process of selection for appointment; and
(ii) the appointment of the person as commissioner.
'(2) Subsection (1)(a) and (b)(i) does not apply to the reappointment of a person as commissioner.
'The commissioner holds office for the term, of not more than 3 years, stated in the instrument of appointment.
'(1) The commissioner is to be paid remuneration and other allowances decided by the Governor in Council.
'(2) The remuneration paid to the commissioner must not be reduced during the commissioner's term of office without the commissioner's written consent.
'(3) In relation to matters not provided for by this Act, the commissioner holds office on the terms and conditions decided by the Governor in Council.
'The Minister may grant leave to the commissioner in accordance with entitlements available to the commissioner under the commissioner's conditions of office.
'(1) A public service officer who is appointed to the office of commissioner or who is appointed to act in the office is entitled to retain all existing and accruing rights as if service in the office were a continuation of service as a public service officer.
'(2) If the person stops holding the office for a reason other than misconduct, the person is entitled to be employed as a public service officer.
'(3) The person is to be employed on the classification level and remuneration that the public service commissioner or another entity prescribed under a regulation considers the person would have attained in the ordinary course of progression if the person had continued in employment as a public service officer.
'(1) Before performing the duties of office, the commissioner must make an oath or affirmation to the effect that he or she will faithfully and impartially perform the duties of the office.
'(2) The oath must be administered by the Speaker.
'(1) The commissioner must not, without the Minister's prior approval in each particular case--
(a) hold any office of profit other than that of commissioner; or
(b) engage in any remunerative employment or undertaking outside the duties of the office.
'(2) Contravention of subsection (1) is misconduct under section 101Q(a).
'(1) The commissioner may resign by signed notice given to the Minister.
'(2) As soon as practicable after the notice is given to the Minister, the Minister must--
(a) give the notice to the Governor for information; and
(b) give a copy of the notice to--
(i) the Speaker of the Legislative Assembly; and
(ii) the chairperson of the parliamentary committee.
'(3) Failure to comply with subsection (2) does not affect the effectiveness of the resignation.
'(1) The Governor in Council may appoint a person to act as commissioner--
(a) during a vacancy in the office; or
(b) during any period, or during all periods, when the commissioner is absent from duty or from Australia or is, for another reason, unable to perform the duties of the office.
'(2) The acting commissioner is appointed under this Act and not the Public Service Act 1996.
'(3) Before performing the duties of office, the acting commissioner must make an oath or affirmation to the effect that he or she will faithfully and impartially perform the duties of the office.
'(4) The oath must be administered by the Speaker.
'(5) The Acts Interpretation Act 1954, section 25(1)(b)(iv) and (v)69 does not apply to the office of acting commissioner.
'The following are grounds for removal or suspension of the commissioner from office--
(a) proved incapacity, incompetence or misconduct;
(b) conviction of an indictable offence.
'(1) The Governor may, on an address from the Assembly, remove the commissioner from office.
'(2) The motion for the address may be moved only by the Premier.
'(3) The Premier may move the motion only if--
(a) the Premier has given the commissioner a statement setting out the reasons for the motion; and
(b) the statement and any written response by the commissioner have been tabled in the Assembly; and
(c) the Premier has consulted with the parliamentary committee about the motion; and
(d) agreement to the motion has been obtained from--
(i) all members of the parliamentary committee; or
(ii) a majority of members of the parliamentary committee, other than a majority consisting wholly of members of the political party or parties in government in the Assembly.
'(1) The Governor may, on an address from the Assembly, suspend the commissioner from office.
'(2) The motion for the address may be moved only by the Premier.
'(3) The Premier may move the motion only if--
(a) the Premier has given the commissioner a statement setting out the reasons for the motion; and
(b) the statement and any written response by the commissioner have been tabled in the Assembly; and
(c) the Premier has consulted with the parliamentary committee about the motion; and
(d) agreement to the motion has been obtained from--
(i) all members of the parliamentary committee; or
(ii) a majority of members of the parliamentary committee, other than a majority consisting wholly of members of the political party or parties in government in the Assembly.
'(4) The commissioner is entitled to be paid salary and allowances for the period of the suspension only if--
(a) the Assembly resolves that salary and allowances be paid for the period; or
(b) the Assembly does not pass a resolution under paragraph (a) and the Governor in Council approves the payment of salary and allowances for the period.
'(1) If the Assembly is not sitting, the Governor in Council may suspend the commissioner from office.
'(2) The Governor in Council may suspend the commissioner only if--
(a) the Premier has given the commissioner a statement setting out the reasons for the suspension; and
(b) the Premier has considered any response by the commissioner to the statement.
'(3) The Premier must table the statement and any written response by the commissioner in the Assembly within 3 sitting days after the day the suspension begins.
'(4) The suspension stops having effect--
(a) at the end of 6 sitting days after the day the suspension begins; or
(b) if the commissioner is earlier suspended or removed from office on an address from the Assembly--at the earlier time.
'(5) If the suspension stops having effect under subsection (4)(a), the commissioner is entitled to be paid salary and allowances for the period of the suspension.
'(6) Except as provided in subsection (5), the commissioner is entitled to be paid salary and allowances for the period of the suspension only if--
(a) the Assembly resolves that salary and allowances be paid for the period; or
(b) the Assembly does not pass a resolution under paragraph (a) and the Governor in Council approves the payment of salary and allowances for the period.
'The Acts Interpretation Act 1954, section 25(1)(b)(i) to (iii)70 does not apply to the removal or suspension of the commissioner.
'The staff of the office are to be employed under the Public Service Act 1996.
'(1) The staff of the office are not subject to direction by any person, other than the commissioner or a person authorised by the commissioner, about--
(a) the way in which the commissioner's powers in relation to investigations and reviews are to be exercised; or
(b) the priority to be given to investigations and reviews.
'(2) Subsection (1) has effect despite the Public Service Act 1996.'.