Western Australian Current Acts

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63 .         Functions

        (1)         The main function of the Commissioner is to deal with complaints made under this Part about decisions made by agencies in respect of access applications and applications for amendment of personal information.

        (2)         The functions of the Commissioner also include —

            (a)         imposing reductions of time under section 13(4) and allowing extensions of time under section 13(5) or (7);

            (b)         giving approvals under section 35(1);

            (c)         issuing certificates under section 48(3);

            (d)         ensuring that agencies are aware of their responsibilities under this Act;

            (e)         ensuring that members of the public are aware of this Act and their rights under it;

            (f)         providing assistance to members of the public and agencies on matters relevant to this Act.

        (3)         If in dealing with a complaint the Commissioner forms the opinion that there is evidence that an officer of an agency has been guilty of a breach of duty, or of misconduct, in the administration of this Act, the Commissioner may take such steps as he or she considers appropriate to bring the evidence to the notice of —

            (a)         if the person is the principal officer of the agency but is not a Minister — the Minister responsible for the agency; or

            (aa)         if the person is the principal officer of a contractor or subcontractor — the Minister to whom the administration of the Court Security and Custodial Services Act 1999 , the Declared Places (Mentally Impaired Accused) Act 2015 or the Prisons Act 1981 is committed, as is relevant to the case; or

            (b)         if the person is a Minister — the Parliament; or

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

        [Section 63 amended: No. 43 of 1999 s. 20; No. 47 of 1999 s. 12; No. 4 of 2015 s. 86(2).]

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