Government Information (Information Commissioner) Act 2009 (NSW)

Government Information (Information Commissioner) Act 2009 No 53

An Act to create the office of Information Commissioner; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Government Information (Information Commissioner) Act 2009.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act— agency has the same meaning as in the GIPA Act. Commissioner means the Information Commissioner appointed under this Act. exercise a function includes perform a duty. function includes a power, authority or duty. GIPA Act means the Government Information (Public Access) Act 2009. Information Act means the GIPA Act and any other Act that is declared by the regulations to be an Information Act for the purposes of this Act. Joint Committee means the Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission constituted under the Ombudsman Act 1974 or such other joint committee of members of Parliament as may be appointed to exercise the functions of the Joint Committee under this Act. person has the same meaning as in the GIPA Act. Privacy Commissioner means the Privacy Commissioner under the Privacy and Personal Information Protection Act 1998. (2) Notes included in this Act do not form part of this Act.

Part 2 Appointment of Information Commissioner

4 Appointment of Information Commissioner (1) The Governor may appoint an Information Commissioner. (2) The Commissioner holds office for such term not exceeding 5 years as may be specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment. (3) A person is not eligible to be appointed for more than 2 terms of office as Commissioner (whether or not consecutive terms). (3A) A person is not eligible to be appointed as Information Commissioner or to act in that office if the person is the Privacy Commissioner. (4) A person is not eligible to be appointed as Commissioner or to act in that office if the person is a member of the Legislative Council or of the Legislative Assembly or is a member of a House of Parliament or legislature of another State or Territory or of the Commonwealth. (5) The office of Commissioner is a full-time office and the holder of the office is required to hold it on that basis, except to the extent permitted by the Governor.