Information Commissioner Act 2024

A person who, immediately before transition day, is appointed as FOI Act Information Commissioner is, on and from transition day until the expiry of the period of that appointment, taken to be appointed as Information Access Deputy Commissioner under section 9(2) of this Act.

A determination in effect under the Freedom of Information Act 1992 section 56(5) or (6) in relation to the person’s entitlement to leave of absence, or other terms and conditions of service, as FOI Act Information Commissioner is taken, on and from transition day, to be a determination under section 10(3) in relation to the person’s entitlement to leave of absence, or other terms and conditions of service, as Information Access Deputy Commissioner.

The person retains all existing and accruing rights, including any rights under the State Superannuation Act 2000, as if the person’s appointment as Information Access Deputy Commissioner were a continuation of the person’s appointment as FOI Act Information Commissioner.

Despite section 9(6), the person cannot be reappointed as Information Access Deputy Commissioner following the appointment that is taken to occur under subsection (1) if the reappointment would result in the aggregate period of all of the person’s appointments as FOI Act Information Commissioner and Information Access Deputy Commissioner exceeding 10 years.

Section 23(3) and (4) apply to the person as if the person’s appointments as FOI Act Information Commissioner were appointments as a Commissioner within the meaning of that section.

This section does not prevent the person from resigning, or being suspended or removed, from the office of Information Access Deputy Commissioner under Part 2 Division 4.