Commonwealth Consolidated Acts

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Information Commissioner investigations--failure to take action in response to implementation notice


             (1)  This section applies if:

                     (a)  the Information Commissioner gives an implementation notice to a respondent agency; and

                     (b)  the Information Commissioner is satisfied that:

                              (i)  the agency has not responded to the implementation notice within the time specified in the notice; or

                             (ii)  the agency has not taken action that is adequate and appropriate in the circumstances to implement the investigation recommendations for the investigation.

Report to responsible Minister

             (2)  The Information Commissioner may give a written report to the responsible Minister that contains the matters set out in section 89B.

Note:          For responsible Minister , see subsection 4(1).

Report to Minister

             (3)  If the Information Commissioner gives a report to the responsible Minister under subsection (2), the Information Commissioner must give a copy (or a copy prepared in accordance with subsection (4)) of the report to the Minister (the FOI Minister ) responsible for the administration of this Act.

             (4)  However, if the copy of the report would contain matters of the kind mentioned in subsection 89C(2), the Information Commissioner must prepare a copy of the report to give to the FOI Minister that excludes those matters.

             (5)  The FOI Minister must cause the copy of the report to be laid before each House of the Parliament.

Note:          Section 89D sets out further limitations on recommendations to amend records.

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