(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 (Mental
Impairment) 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) ; No. 10 of 2023 s. 410.]