Queensland Consolidated Acts

RIGHT TO INFORMATION ACT 2009 - SECT 113

113 Disciplinary action

(1) If the information commissioner, at the completion of an external review, is of the opinion that—

(a) there is evidence that an agency’s officer has committed a breach of duty or misconduct in the administration of this Act; and

(b) the evidence is, in all the circumstances, of sufficient force to justify doing so;

the commissioner must bring the evidence to the notice of—

(c) if the person is the principal officer of an agency—the responsible Minister of the agency; or

(d) in any other case—the principal officer of the agency.

(2) Also, if the commissioner, at the completion of an external review, is of the opinion that—

(a) there is evidence that a person subject to the direction of a Minister under section 31 has committed a breach of duty or misconduct in the administration of this Act; and

(b) the evidence is, in all the circumstances, of sufficient force to justify doing so;

the commissioner must bring the evidence to the notice of the Minister.

(3) In this section—

"responsible Minister" means—

(a) in relation to a department—the Minister administering the department; or

(b) in relation to the town commission constituted under the Alcan Queensland Pty. Limited Agreement Act 1965 —the Minister administering that Act; or

(c) in relation to another local government—the Minister administering the Local Government Act 2009 ; or

(d) in relation to a government owned corporation or a subsidiary of a government owned corporation—the Minister administering the Government Owned Corporations Act 1993 ; or

(e) in relation to a public authority mentioned in section 16 (1) (a) , (c) (ii) or (ca)—the Minister administering the Act by or under which the public authority is established; or

(f) in relation to a public authority mentioned in section 16 (1) (d) —the Minister administering the Act by which the office is established; or

(g) in relation to any other public authority—the Minister declared by regulation to be the responsible Minister in relation to the public authority.