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2008-2009
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
INFORMATION COMMISSIONER BILL 2009
EXPLANATORY MEMORANDUM
(Circulated by authority of the Cabinet Secretary,
Senator the Hon Joe Ludwig)
INFORMATION COMMISSIONER BILL 2009
General Outline
The primary purpose of the Information Commissioner Bill 2009 is to
establish three independent statutory office holders and the Office of the
Information Commissioner. The Office will comprise:
. the Information Commissioner (a new statutory office holder);
. the Freedom of Information (FOI) Commissioner (a new statutory
office holder);
. the Privacy Commissioner (an existing statutory office holder); and
. staff engaged under the Public Service Act 1999.
The Office of the Information Commissioner will bring together the
functions for independent oversight of the Freedom of Information Act 1982
(FOI Act) and the Privacy Act 1988 (the Privacy Act), consistent with the
Government's 2007 election commitments set out in the policy statement
Government information: restoring trust and integrity.
The functions of the Office will be threefold:
. the FOI functions - which are about giving the Australian community
access to information held by the Government in accordance with the
FOI Act;
. the privacy functions - which are about protecting the privacy of
individuals in accordance with the Privacy Act and other Acts; and
. the information commissioner functions - which are strategic functions
concerning advice to Government on information management.
The Information Commissioner, which is a new position, will be the head of
the Office (including for the purposes of the Public Service Act 1999 and
the Financial Management and Accountability Act 1997). The Information
Commissioner will be able to perform all of the functions of the Office.
To ensure a workable governance arrangement, the Information Commissioner
will be head of the Office both strategically and administratively.
Provision is made in the Bill to ensure that no duplication arises in
carrying out functions between the three Commissioners and to ensure that
no disagreement arises in the discharge of those functions.
The FOI Commissioner, which is also a new position, will mainly perform the
FOI functions. For flexibility, the FOI Commissioner will also be able to
perform the privacy functions.
The Privacy Commissioner is an existing position established under the
Privacy Act. However, the Privacy Commissioner will be appointed under
this Bill. The Privacy Commissioner will mainly perform the privacy
functions. For flexibility, the Privacy Commissioner will also be able to
perform the FOI functions. It is proposed that the existing Office of the
Privacy Commissioner will be amalgamated into the Office of the Information
Commissioner.
The Information Commissioner Bill 2009 is complemented by the Freedom of
Information Amendment (Reform) Bill 2009, which will amend the FOI Act to
establish a number of FOI functions that will be performed by the
Information Commissioner (and the FOI Commissioner). These include
functions of undertaking merits review of FOI decisions, undertaking
investigations related to action taken by agencies in handling FOI matters
(including upon complaint), and promoting the objects of the FOI Act.
The privacy functions are those functions currently performed by the
Privacy Commissioner under the Privacy Act and under other legislation that
confers privacy related functions on the Privacy Commissioner.
The information commissioner functions reflect the capacity for the
structural reforms to deliver coordinated policy advice to the Government
on government information management matters (beyond privacy and FOI). The
Information Commissioner is solely responsible for that function.
Financial Impact Statement
Funding for the Office of the Information Commissioner was provided in the
2009-10 Budget. An amount of $19.5 million over 4 years (post MYEFO) is
additional to resources for the existing Office of the Privacy
Commissioner, which will be transferred to the Office of the Information
Commissioner.
Regulation Impact Statement
No regulation impact statement is required for the measures contained in
this Bill.
Notes on Clauses
List of abbreviations used
Acts Interpretation Act Acts Interpretation Act 1901
FOI Freedom of Information
FOI Act Freedom of Information Act 1982
Privacy Act Privacy Act 1988
Public Service Act Public Service Act 1999
Part 1 - Preliminary
Clause 1: Short title
Clause 1 is a formal clause which provides the citation of the Bill.
Clause 2: Commencement
The table in Clause 2 sets out when provisions in the Bill will commence.
The table provides that sections 1 and 2 (and anything else not covered in
the table) will commence on the day on which the Act receives the Royal
Assent.
Sections 3 to 36 will commence on a date to be fixed by Proclamation.
However, if any of the provisions do not commence within 6 months after
Royal Assent they will commence on the day after the end of that period.
Clause 3: Definitions
Clause 3 defines a number of terms used throughout the Bill.
Part 2 - Office of the Information Commissioner
Division 1 - Introduction
Clause 4: Guide to this Part
This clause provides a guide to understanding Part 2 of the Bill.
Division 2 - Establishment
Clause 5: Establishment
This clause establishes the Office of the Information Commissioner,
consisting of the information officers (the Information Commissioner, the
FOI Commissioner and the Privacy Commissioner) as well as staff engaged
under the Public Service Act (see Part 3 of the Bill). The Office
constitutes a statutory agency for the purposes of the Public Service Act
and the Information Commissioner is designated as head of the statutory
agency for that purpose.
Clause 6: Definition of information officers
Clause 6 provides that the Information Commissioner, FOI Commissioner and
Privacy Commissioner are each an information officer. The term information
officer is used throughout the Bill to refer collectively to the
commissioners.
The Information Commissioner and the FOI Commissioner are new statutory
positions. The Privacy Commissioner position is established under an
existing provision in the Privacy Act. Clause 14 provides for the
appointment of the Privacy Commissioner in this Bill. Consequential
amendments to repeal provisions in the Privacy Act which establish the
Privacy Commissioner and the Office of the Privacy Commissioner are
proposed in Schedule 5 of the Freedom of Information Amendment (Reform)
Bill.
Division 3 - Functions and powers of the information officers
Clause 7: Definition of information commissioner functions
The Information Commissioner, as head of the Office which will be in day to
day contact with Australian Government agencies in relation to the FOI and
privacy functions, will be in a unique position to generate strategic
advice to the Minister on broader government information management policy,
extending beyond privacy and FOI. The information commissioner functions
are directed to that purpose, and are intended to allow for the Information
Commissioner to provide strategic advice to the Government on a wide range
of issues associated with government information. This could include, for
example, advice on how the Government could utilise emerging technologies
to improve public access to government information, or achieving more
coordinated approach on government information policy and practice across
all aspects of information management and at all stages of the information
life-cycle.
Proposed paragraph 7(b) clarifies that future amendment to the Act (or
other Acts or instruments) can confer additional functions on the
Information Commissioner which extend beyond the FOI or privacy functions.
The Information Commissioner has sole responsibility for the performance of
these functions (they are not functions given to the Privacy Commissioner
or FOI Commissioner). In carrying out the information commissioner
functions, the Information Commissioner will be assisted by an Information
Advisory Committee which is proposed to be established under clause 27.
Clause 8: Definition of freedom of information functions
This clause defines the FOI functions. Proposed paragraph 8(a) gives the
Information Commissioner a role in promoting awareness and understanding of
the FOI Act and its objects, among both agencies and the public. The
intention is that the Office of the Information Commissioner be a resource
for agencies as well as for the public. In carrying out this function, it
is also intended that the Information Commissioner and the FOI Commissioner
will have a key responsibility in driving a pro-disclosure culture shift
across government.
Proposed paragraphs 8(b) and (c) are related to the proposed Information
Publication Scheme, which would replace the existing Part II of the FOI Act
(see Schedule 2 to the Freedom of Information Amendment (Reform) Bill).
Under that proposal, the Information Commissioner is given a function of
assisting agencies to publish information in accordance with the
Information Publication Scheme (the function referred to in paragraph
8(b)). The Information Commissioner is also given a function of reviewing
the operation of the Information Publication Scheme in each agency (in
conjunction with the agency), investigating compliance by agencies with the
Information Publication Scheme, and otherwise monitoring, investigating and
reporting on the operation of the scheme (the function referred to in
paragraph 8(c)).
Proposed paragraph 8(d) builds on the Information Commissioner's role in
promoting the FOI Act. It is intended that the Information Commissioner
and the FOI Commissioner will provide assistance and training to both
agencies and members of the public.
Proposed paragraph 8(e) is related to the Information Commissioner's power
to issue guidelines under proposed section 93A of the FOI Act (see item 57
of Schedule 4 to the Freedom of Information Amendment (Reform) Bill).
Under proposed subsection 11(4) of this Bill, the performance of this
function by the FOI Commissioner (or the Privacy Commissioner) is subject
to approval by the Information Commissioner. This is intended to ensure
consistency in policy advice, and in case of disagreement, that the
Information Commissioner's view prevails.
Proposed paragraph 8(f) enables the Information Commissioner to report, or
recommend proposals, to the Minister for change to the FOI Act or
administrative action related to the operation of the FOI Act. Under
proposed subsection 11(4) of this Bill, the performance of this function by
the FOI Commissioner (or the Privacy Commissioner) is subject to approval
by the Information Commissioner. This is intended to ensure consistency in
policy advice and, in the event of disagreement, that the Information
Commissioner's view prevails.
Proposed paragraph 8(g) gives the Information Commissioner a general
function of monitoring, investigating and reporting on compliance with the
FOI Act by agencies. This function is separate to the functions at
proposed paragraphs 8(h) which is a formal review function and 8(i) which
is a formal investigation function.
Proposed paragraph 8(h) is related to the proposal to give the Information
Commissioner the function of undertaking merits review of FOI decisions
under proposed Part VII of the FOI Act (see item 34 of Schedule 4 to the
Freedom of Information Amendment (Reform) Bill).
Proposed paragraph 8(i) is related to the proposal to give the Information
Commissioner the function of undertaking investigations (upon complaint or
the Information Commissioner's initiative) under proposed Part VIIB of the
FOI Act (see item 49 of Schedule 4 to the Freedom of Information Amendment
(Reform) Bill).
Proposed paragraph 8(j) gives the Information Commissioner a function of
collecting information and statistics from agencies and Ministers about the
FOI matters specified in proposed section 31 of the Bill. These matters
are to be included in the Office of the Information Commissioner annual
report (under proposed section 30 of the Bill).
Proposed paragraphs 8(k) and (l) allow for the future amendment of the FOI
Act or another Act (or instruments) to confer additional functions on the
Information Commissioner in relation to FOI, which are expressed to be a
freedom of information function.
Clause 9: Definition of privacy functions
This clause defines the privacy functions. The definition is intended to
capture all privacy-related functions currently undertaken by the Privacy
Commissioner. Proposed subsection 9(1) provides a general definition. The
Freedom of Information Amendment (Reform) Bill (Schedule 5) proposes
consequential amendments to Acts that currently confer functions on the
Privacy Commissioner so that references to 'Privacy Commissioner' are
replaced with 'Information Commissioner' for those functions.
The table in proposed subsection 9(2) specifies, in a non-exhaustive list,
some privacy-related functions conferred by legislation on the Privacy
Commissioner.
Clause 10: Functions and powers of the Information Commissioner
This clause has the effect of vesting the Information Commissioner with the
information commissioner functions (defined in proposed section 7), the FOI
functions (defined in proposed section 8) and the privacy functions
(defined in proposed section 9). Only the Information Commissioner will be
able to perform the information commissioner functions.
Proposed subsection 10(2) gives the Information Commissioner the power to
do all things necessary or convenient for or in connection with the
information commissioner functions, the FOI functions and the privacy
functions.
Clause 11: Functions and powers of the Freedom of Information Commissioner
This clause provides for the functions and powers of the FOI Commissioner.
Proposed subsection 11(1) provides that the FOI Commissioner has the FOI
functions (which are defined in proposed section 8). The Information
Commissioner also has these functions (proposed subsection 10(1)), as does
the Privacy Commissioner for flexibility (proposed subsection 12(2)).
However, it is anticipated that in practice the FOI Commissioner will
mainly perform the FOI functions.
Proposed subsection 11(2) allows the FOI Commissioner to perform the
privacy functions. This is to ensure flexibility within the Office of the
Information Commissioner. However, it is not intended that the FOI
Commissioner would regularly perform privacy functions.
Proposed subsection 11(3) gives the FOI Commissioner the power to do all
things necessary or convenient for or in connection with the FOI functions
or the privacy functions.
Proposed subsection 11(4) reflects the role of the Information Commissioner
as head of the Office of the Information Commissioner for all purposes.
The functions of issuing guidelines under the FOI Act and recommending
changes to the FOI Act are largely concerned with implementation of policy.
Where these functions are performed by the Privacy Commissioner or the FOI
Commissioner they will need to be performed with the approval of the
Information Commissioner. This is intended to ensure consistency in policy
advice and, in case of disagreement, that the Information Commissioner's
view prevails.
Proposed subsection 11(5) introduces some general principles which are
relevant to the exercise of delegated powers. The Bill does not confer
functions on the FOI Commissioner by delegation from the Information
Commissioner. The manner in which the Bill confers functions is consistent
with other Commonwealth legislation (for example, the Commissioner and
Second Commissioners of Taxation under the Taxation Administration Act 1953
and the Director and Associate Director of Public Prosecutions under the
Director of Public Prosecutions Act 1983). Although intended to work like
a delegation, these schemes do not require specific delegations by the
principal office holder to associated office holders. In these schemes,
principles relevant to the exercise of delegable powers are nevertheless
applied to clarify the effect of the conferral of the function or power on
associated office holders so that, for example, duplication in decision
making does not arise.
. Proposed paragraph 11(5)(a) has the effect of section 34A of the Acts
Interpretation Act, which essentially expresses that a person to whom
a power is delegated in pursuance of an express power of delegation
must exercise the delegated power by applying their own discretion.
The Information Commissioner cannot direct the FOI Commissioner in the
exercise of the FOI Commissioner's discretion.
. Proposed paragraph 11(5)(b) has the effect of paragraph 34AB(c) of the
Acts Interpretation Act, so that where the FOI Commissioner performs a
function or exercises a power it is deemed to have been performed or
exercised by the Information Commissioner. In this way, for example,
if the FOI Commissioner makes a decision on an FOI review, it could
not be 'remade' by the Information Commissioner (or by the Privacy
Commissioner) as the Information Commissioner is taken to have already
made the decision.
. Proposed paragraph 11(5)(c) has the effect of paragraph 34AB(d) of the
Acts Interpretation Act, which recognises that the fact that the FOI
Commissioner has performed a function (or exercised a power) also
given to the Information Commissioner and the Privacy Commissioner
does not prevent the latter Commissioners from performing that
function or exercising that power on another occasion for a different
matter. This provision ensures all Commissioners can, for example,
make an FOI review decision (but it does not mean that the Information
Commissioner can remake a decision that has been determined by either
the FOI Commissioner or the Privacy Commissioner).
Clause 12: Functions and powers of the Privacy Commissioner
This clause provides for the functions and powers of the Privacy
Commissioner. Proposed subsection 12(1) provides that the Privacy
Commissioner has the privacy functions (which are defined in proposed
section 9). The Information Commissioner also has these functions
(proposed subsection 10(1)), as does the FOI Commissioner for flexibility
(proposed subsection 11(2)). However, in practice, it is anticipated that
the Privacy Commissioner will mainly perform the privacy functions.
Proposed subsection 12(2) allows the Privacy Commissioner to perform the
FOI functions. This is to ensure flexibility within the Office of the
Information Commissioner, but it is not intended that the Privacy
Commissioner would regularly perform FOI functions.
Proposed subsection 12(3) gives the Privacy Commissioner the power to do
all things necessary or convenient for or in connection with the privacy
functions or the FOI functions.
Proposed subsection 12(4) reflects the role of the Information Commissioner
as head of the Office of the Information Commissioner for all purposes.
The functions addressed in this subsection are largely concerned with
implementation of policy. Where these functions are performed by the
Privacy Commissioner, or the FOI Commissioner, they will need to be
performed with the approval of the Information Commissioner. This is
intended to ensure consistency in policy advice and, in the case of
disagreement, that the Information Commissioner's view prevails.
Proposed subsection 12(5) introduces some general principles which are
relevant to the exercise of delegated powers. The Bill does not confer
functions on the Privacy Commissioner by delegation from the Information
Commissioner. The manner in which the Bill confers functions is consistent
with other Commonwealth legislation (for example, the Commissioner and
Second Commissioners of Taxation under the Taxation Administration Act 1953
and the Director and Associate Director of Public Prosecutions under the
Director of Public Prosecutions Act 1983). Although intended to work like
a delegation, these schemes do not require specific delegations by the
principal office holder to associated office holders. In these schemes,
principles relevant to the exercise of delegable powers are nevertheless
applied to clarify the effect of the conferral of the function or power on
associated office holders so that, for example, duplication in decision
making does not arise.
. Proposed paragraph 12(5)(a) has the effect of section 34A of the Acts
Interpretation Act, which essentially expresses that a person to whom
a power is delegated in pursuance of an express power of delegation
must exercise the delegated power by applying their own discretion.
The Information Commissioner cannot direct the Privacy Commissioner in
the exercise of the Privacy Commissioner's discretion.
. Proposed paragraph 12(5)(b) has the effect of paragraph 34AB(c) of the
Acts Interpretation Act, so that where the Privacy Commissioner
performs a function or exercises a power it is deemed to have been
performed or exercised by the Information Commissioner. In this way,
for example, if the Privacy Commissioner makes a determination
following investigation of a privacy complaint, it could not be
'remade' by the Information Commissioner (or by the FOI Commissioner)
as the Information Commissioner is taken to have already made the
decision.
. Proposed paragraph 12(5)(c) has the effect of paragraph 34AB(d) of the
Acts Interpretation Act, which recognises that the fact that the
Privacy Commissioner has performed a function (or exercised a power)
also given to the Information Commissioner and the FOI Commissioner
does not prevent the latter Commissioners from performing that
function or exercising that power on another occasion for a different
matter. This provision ensures all Commissioners can, for example,
make a determination under section 52 of the Privacy Act (but it does
not mean that the Information Commissioner can re-make a decision that
has been determined by the Privacy Commissioner).
Part 3 - Appointments and staffing for the Office of the Information
Commissioner
Division 1 - Introduction
Clause 13: Guide to this Part
This clause provides a guide to assist with understanding Part 3 of the
Bill.
Division 2 - The information officers
Clause 14: Appointment
Clause 14 provides for the appointment of the Information Commissioner, the
FOI Commissioner and the Privacy Commissioner. Each Commissioner (the
information officers) is to be appointed by the Governor-General by written
instrument. It is intended that they are appointed as independent office
holders. An information officer may be reappointed. Under proposed
subsection 14(3), the FOI Commissioner is to have a qualification in the
nature of a degree or similar after studies in the field of law.
Performance of the FOI review function could be expected to be enhanced
from the possession of legal knowledge because of the need to routinely
apply precedents and to interpret legislative provisions in the FOI Act in
order to make review decisions. The Information Commissioner and Privacy
Commissioner are not required to have a qualification of this kind, even
though they may perform the FOI review function. This is because, in
practice most reviews will be performed by the FOI Commissioner. To impose
an equivalent condition for the Information Commissioner and Privacy
Commissioner may unduly limit potential candidates for these statutory
positions, who will have other functions that do not necessitate a legal
background.
Clause 15: General terms and conditions of appointment
This clause provides for the terms and conditions of employment for the
information officers.
Clause 16: Restriction on outside employment
This clause requires the Minister's approval before an information officer
may engage in paid employment outside the duties of his or her office.
Clause 17: Remuneration
Clause 17 provides for the Remuneration Tribunal to determine the level of
remuneration for the information officers. The clause also allows for the
regulations to prescribe the level of remuneration if no determination is
in operation. The regulations may also prescribe allowances that are to be
paid to an information officer.
Clause 18: Leave of absence
This clause deals with leave entitlements for an information officer.
Clause 19: Resignation
This clause deals with the resignation of an information officer.
Clause 20: Termination of appointment
This clause deals with the termination of the appointment of an information
officer.
Clause 21: Acting appointments
Clause 21 permits the Minister to appoint a person to act as an information
officer during vacancy or absences. The requirement for a qualification
under proposed subsection 14(3) applies to an acting appointment to the
position of FOI Commissioner.
Clause 22: Disclosure of interests
This clause requires the information officers to disclose all interests
that conflict or could conflict with the performance of their functions.
Division 3 - Staff, consultants and delegations
Clause 23: Staff
Clause 23 provides that the staff of the Office of the Information
Commissioner must be engaged under the Public Service Act. The staff of
the Office do not include the information officers (who are appointed under
proposed Division 2).
Clause 24: Consultants
This clause permits the Information Commissioner to engage consultants to
assist in the performance of the functions and the exercise of the powers
of the Information Commissioner. However, functions or powers that cannot
be delegated to staff under proposed section 25 cannot be performed or
exercised by a consultant.
Clause 25: Delegation by the Information Commissioner
This clause allows the Information Commissioner to delegate, in writing,
functions to a member of staff of the Office of the Information
Commissioner. Only the Information Commissioner (not the FOI Commissioner
or the Privacy Commissioner) may delegate functions or powers to a member
of staff. The proposed section specifies a number of functions and powers
that cannot be delegated to a member of staff. These matters are reserved
for performance by the information officers.
Part 4 - Information Advisory Committee
Clause 26: Guide to this Part
This clause provides a guide to understanding Part 4 of the Bill.
Clause 27: Establishment and functions
Clause 27 establishes the Information Advisory Committee. The Committee is
to assist and advise the Information Commissioner in matters relating to
the performance of the information commissioner functions (as defined in
proposed section 7). That function involves the delivery of coordinated
advice to the Government on broad government information management matters
(beyond privacy and FOI). The Committee does not have a function of
advising the Information Commissioner on the FOI functions or the privacy
functions (as defined in proposed sections 8 and 9 respectively). However,
matters upon which the Committee advise the Information Commissioner may
relate to those functions.
Under proposed subsection 27(2), the Committee will consist of the
Information Commissioner as Chair, agency representatives nominated by the
Minister (with portfolio responsibility for the Office of the Information
Commissioner) in consultation with relevant Ministers, and other persons
outside government with suitable qualifications or experience who are
appointed by the responsible Minister. This could include, for example,
persons with experience in the fields of information technology, records
management or intellectual property.
Members of the Committee from outside government are entitled to be paid
travel allowance in accordance with the regulations (proposed subsection
27(3)). These members are not entitled to remuneration or allowances other
than travel allowance (proposed subsection 27(4)).
Part 5 - Miscellaneous
Clause 28: Guide to this Part
This clause provides a guide to understanding Part 5 of the Bill.
Clause 29: Unauthorised dealing with information
Clause 29 provides a maximum penalty of 2 years imprisonment for the
unauthorised recording, disclosure or use of information acquired by a
person performing functions or exercising powers in connection with the
functions and powers of the Office of the Information Commissioner.
Proposed subsection 29(2) allows for the recording, use or disclosure of
the information in certain circumstances. In these circumstances the
person does not commit an offence. Proposed subsection 29(3) prohibits
disclosure of the information to a court, or the production of a document
containing the information to a court, in the circumstances outlined in the
proposed subsection, unless the disclosure or production is necessary for
the purposes of the Information Commissioner Act.
Clause 30: Annual report
The Information Commissioner is given the function of preparing an annual
report on the operations of the Office of the Information Commissioner.
The report must be provided to the Minister and tabled in both Houses of
the Parliament. The report replaces the annual report on the operation of
the FOI Act, which is prepared by the Minister with responsibility for
administering the FOI Act. It also replaces the annual report of the
Office of the Privacy Commissioner, which is prepared by the Office of the
Privacy Commissioner and tabled by the Minister with responsibility for
administering the Privacy Act.
Under proposed subsection 30(3), the annual report must contain the freedom
of information matters (as defined in proposed section 31) and the privacy
matters (as defined in proposed section 32).
Clause 31: Definition of the freedom of information matters
This clause provides a definition of the freedom of information matters to
be included in the Office of the Information Commissioner annual report
under proposed subparagraph 30(3)(a). Ministers and agencies are required
to provide this information to the Information Commissioner under section
93 of the FOI Act (as amended by item 57 of Schedule 4 to the Freedom of
Information Amendment (Reform) Bill).
Clause 32: Definition of the privacy matters
This clause provides a definition of the privacy matters to be included in
the Office of the Information Commissioner annual report under proposed
paragraph 30(3)(b). This replaces requirements previously in subsections
97(2) and 97(2A) of the Privacy Act.
Clause 33: Review of operation of Act
This clause requires the Minister responsible for the Information
Commissioner Act to cause a Government review to be undertaken of the
operation of the Act two years after the commencement of this provision.
The period of two years should allow sufficient time for the effectiveness
of the Act to be assessed. The report must be completed within six months
and a copy of the report is to be tabled in the Parliament. Provision is
also made in the FOI Amendment (Reform) Bill at proposed section 93B (item
57 of Schedule 4) for review of the FOI Act. It is the Government's
intention for both reviews to be undertaken at the same time.
Clause 34: Privileges and immunities of the Crown
Clause 34 provides that the Office of the Information Commissioner has the
privileges and immunities of the Crown.
Clause 35: Information officer etc. not to be sued
Clause 35 provides immunity from legal proceedings to the Information
Commissioner, the FOI Commissioner, the Privacy Commissioner or a person
acting under the direction or authority of one of these Commissioners, in
relation to exercising an information commissioner function, an FOI
function or a privacy function.
Clause 36: Regulations
This clause provides for the Governor-General to make regulations in
relation to the Bill.