New South Wales Consolidated Acts

GOVERNMENT INFORMATION (INFORMATION COMMISSIONER) ACT 2009

- As at 1 July 2023 
- Act 53 of 2009 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions

   PART 2 - APPOINTMENT OF INFORMATION COMMISSIONER

   4.      Appointment of Information Commissioner
   5.      Veto of proposed appointment of Commissioner
   6.      Remuneration
   7.      Vacancy in office
   8.      Removal from office
   9.      Filling of vacancy
   10.     Commissioner not Public Service employee
   11.     Appointment of acting Commissioner
   12.     Staff of Commissioner
   13.     Delegation

   PART 3 - FUNCTIONS OF COMMISSIONER

           Division 1 - General functions of Commissioner

   14.     General functions
   15.     General procedures of Commissioner
   16.     Expert assistance

           Division 2 - Complaints

   17.     Making of complaint
   18.     Decision to deal with complaint
   19.     How complaints are dealt with
   20.     Notice to complainant

           Division 3 - Investigations

   21.     Investigation of agency systems, policies and practices
   22.     Investigation of complaints
   23.     Procedure for investigations
   24.     Report on compliance with Information Act

           Division 4 - Powers of Commissioner

   25.     Agencies to give information etc
   26.     Entry of premises
   27.     Limits on coercive powers because of privilege etc
   28.     Powers to prevent contravention of Information Act
   29.     Formal inquiries
   30.     Cabinet proceedings

           Division 5 - Disclosure of information

   31.     Commissioner may furnish information to Ombudsman
   31A.    Commissioner may furnish information to Children's Guardian
   32.     Commissioner may furnish information to ICAC, DPP and LECC
   33.     Commissioner may furnish information to agency
   34.     Ombudsman may furnish information to Commissioner
   35.     Restriction on disclosure of information by Commissioner

   PART 4 - REPORTS BY COMMISSIONER

   36.     Annual report
   37.     Report on operation of GIPA Act
   38.     Special report to Parliament
   39.     Procedure for reporting

   PART 5 - MISCELLANEOUS

   40.     Ombudsman required to consult
   41.     Commissioner, officer or expert as witness
   42.     Immunity of Commissioner and others
   43.     Offences
   44.     Oversight of Commissioner's functions by Joint Committee
   45.     Personal liability of Commissioner and others
   46.     Proceedings for offences
   47.     Regulations
   48.     Review of Act
           Schedule 1 (Repealed)