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INFORMATION PRIVACY ACT 2009 - SECT 126
Disciplinary action
126 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 51 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 a 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 21 (1) (a) or (c) (ii) —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 21 (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.
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