Queensland Consolidated Acts

RIGHT TO INFORMATION ACT 2009 - SECT 186

186 Strategic review of office

(1) Strategic reviews of the OIC must be conducted under this section and sections 187 and 188 .

(2) The first review under this section must be conducted within 4 years after the commencement of this section.

(3) Subject to subsection (2) , a strategic review must be conducted at least every 5 years, counting from the date of the report (the
"earlier report" ) for the most recent earlier strategic review up to when the reviewer is appointed under subsection (5) to undertake the latest review.

(4) However, if the parliamentary committee reported to the Assembly about the earlier report, and the committee’s report made recommendations to which a Minister was required to respond under the Parliament of Queensland Act 2001 , section 107 the 5 years is counted from when the Minister’s response was tabled under that section.

(5) Each strategic review must be undertaken by an appropriately qualified person (
"reviewer" ), appointed by the Governor in Council, who must give a report on the review.

(6) For subsection (5) , a corporation is an appropriately qualified person if a director, employee or other staff member of the corporation is appropriately qualified to undertake the review.

(7) The terms of reference for a strategic review are to be decided by the Governor in Council.

(8) The Minister may make a recommendation to the Governor in Council regarding the appointment of a reviewer or the terms of reference for a strategic review only—

(a) with the approval of the parliamentary committee; and

(b) after consultation with the information commissioner.

(9) For subsection (8) (a) , the parliamentary committee—

(a) must decide to give or not give the approval within 20 business days after receiving the request for the approval from the Minister; and

(b) is taken to have approved the appointment of a reviewer, or the terms of reference for a strategic review, stated in the request if the committee does not notify the Minister of its decision under paragraph (a) within the period stated in that paragraph.

(10) The remuneration and other terms of appointment of the reviewer are as decided by the Governor in Council.

(11) In this section—

"strategic review" , of the OIC, includes—

(a) a review of the commissioner’s functions; and

(b) a review of the commissioner’s performance of the functions to assess whether they are being performed economically, effectively and efficiently.