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This is the Information Commissioner Act 2024.
This Act comes into operation as follows —
Part 1 — on the day on which this Act receives the Royal Assent (assent day);
Part 5 (but only section 35) and Part 6 — on the day after assent day;
Part 7 Division 4 Subdivision 2 —
if the Criminal Law (Mental Impairment) Act 2023 section 325 comes into operation on or before the day on which section 59 of this Act comes into operation under paragraph (d) — immediately after section 59 of this Act comes into operation; or
otherwise — when the Criminal Law (Mental Impairment) Act 2023 section 325 comes into operation;
the rest of the Act — on the day on which the Privacy and Responsible Information Sharing Act 2024 Part 2 Division 12 comes into operation.
Despite subsection (1)(d), if the Criminal Law (Mental Impairment) Act 2023 section 410(2) comes into operation before the day on which Part 7 Division 2 of this Act comes into operation, Part 7 Division 2 of this Act —
does not come into operation; and
is deleted.
In this Act —
eligible person means a person who meets the eligibility requirements under section 18;
freedom of information functions has the meaning given in the Freedom of Information Act 1992 section 97B(1);
Information Access Deputy Commissioner means the person appointed as Information Access Deputy Commissioner under section 9(2);
information Act means —
this Act; or
the Freedom of Information Act 1992; or
the Privacy and Responsible Information Sharing Act 2024;
Information Commissioner means the person appointed as Information Commissioner under section 5(2);
information official means a person who is or has been —
the Information Commissioner; or
the Information Access Deputy Commissioner; or
the Privacy Deputy Commissioner; or
a person appointed under section 7, 11 or 15 to act in the office of Information Commissioner, Information Access Deputy Commissioner or Privacy Deputy Commissioner; or
a member of staff; or
a person engaged to provide services under section 31;
member of staff means —
a public service officer appointed or made available under section 29; or
a person in relation to whom an arrangement under section 30(1) is in effect;
Privacy Deputy Commissioner means the person appointed as Privacy Deputy Commissioner under section 13(2);
privacy functions has the meaning given in the Privacy and Responsible Information Sharing Act 2024 section 142(1).
This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
An office called the Information Commissioner is established.
The Information Commissioner is to be an eligible person appointed by the Governor.
The office of Information Commissioner is not an office in the Public Service.
Subject to Division 4, the Information Commissioner holds office for the period, not exceeding 5 years, specified in the instrument of appointment.
A person who has been appointed as Information Commissioner is eligible for reappointment once.
Subject to the Salaries and Allowances Act 1975, the Information Commissioner is entitled to be paid the remuneration determined by the Governor.
The Information Commissioner’s rate of remuneration must not be reduced during a term of office of the Information Commissioner without the Information Commissioner’s consent.
The Governor may determine —
the leave of absence to which the Information Commissioner is entitled; and
other terms and conditions of service that apply to the Information Commissioner.
Remuneration paid to the Information Commissioner under subsection (1) is charged to the Consolidated Account, which this subsection appropriates accordingly.
The Governor may appoint an eligible person to act in the office of Information Commissioner during a period —
when the Information Commissioner is —
on leave of absence; or
unable to perform the functions of the Information Commissioner;
or
when the Information Commissioner is suspended; or
when the office of Information Commissioner is vacant.
Before performing the functions of the Information Commissioner for the first time, the Information Commissioner or a person appointed to act in the office of Information Commissioner must take an oath, or make an affirmation, that they will faithfully and impartially perform those functions, and that they will not, except in accordance with an information Act, divulge any information received in the performance of those functions.
The oath or affirmation must be administered by the Governor.
An office called the Information Access Deputy Commissioner is established.
The Information Access Deputy Commissioner is to be an eligible person appointed by the Governor.
The Information Access Deputy Commissioner is a deputy of the Information Commissioner.
The office of Information Access Deputy Commissioner is not an office in the Public Service.
Subject to Division 4, the Information Access Deputy Commissioner holds office for the period, not exceeding 5 years, specified in the instrument of appointment.
A person who has been appointed as Information Access Deputy Commissioner is eligible for reappointment once.
Subject to the Salaries and Allowances Act 1975, the Information Access Deputy Commissioner is entitled to be paid the remuneration determined by the Governor.
The Information Access Deputy Commissioner’s rate of remuneration must not be reduced during a term of office of the Information Access Deputy Commissioner without the Information Access Deputy Commissioner’s consent.
The Governor may determine —
the leave of absence to which the Information Access Deputy Commissioner is entitled; and
other terms and conditions of service that apply to the Information Access Deputy Commissioner.
Remuneration paid to the Information Access Deputy Commissioner under subsection (1) is charged to the Consolidated Account, which this subsection appropriates accordingly.
The Governor may appoint an eligible person to act in the office of Information Access Deputy Commissioner during a period —
when the Information Access Deputy Commissioner is —
on leave of absence; or
unable to perform the functions of the Information Access Deputy Commissioner;
or
when the Information Access Deputy Commissioner is suspended; or
when the office of Information Access Deputy Commissioner is vacant.
Before performing the functions of the Information Access Deputy Commissioner for the first time, the Information Access Deputy Commissioner or a person appointed to act in the office of Information Access Deputy Commissioner must take an oath, or make an affirmation, that they will faithfully and impartially perform those functions, and that they will not, except in accordance with an information Act, divulge any information received in the performance of those functions.
The oath or affirmation must be administered by the Governor.