5 Definitions s. 5 (1) In this Act, except insofar as the context or subject-matter otherwise indicates or requires— S. 5(1) def. of agency amended by No. 58/1993 s. 16(a). agency means a department council or a prescribed authority; applicant means a person who has made a request in accordance with section 17 or has applied under section 12(1) for a statement published by a principal officer to be altered; S. 5(1) def. of Assistant inserted by No. 59/2014 s. 3. Assistant Commissioner means an Assistant Freedom of Information Commissioner appointed under Part IA; S. 5(1) def. of Board of Inquiry inserted by No. 67/2014 s. 147(Sch. 2 item 18.1(a)). Board of Inquiry has the same meaning as in the Inquiries Act 2014; S. 5(1) def. of business day inserted by No. 59/2014 s. 3. business day means a day other than a Saturday, a Sunday or a public holiday or half-holiday appointed under the Public Holidays Act 1993; S. 5(1) def. of closed meeting inserted by No. 58/1993 s. 16(b). closed meeting in relation to a council, means a meeting closed to the public under section 89(2) of the Local Government Act 1989; S. 5(1) def. of council inserted by No. 58/1993 s. 16(b). council has the same meaning as in section 3(1) of the Local Government Act 1989;
exempt matter means matter the inclusion of which in a document causes the document to be an exempt document; S. 5(1) def. of Formal Review inserted by No. 67/2014 s. 147(Sch. 2 item 18.1(a)). Formal Review has the same meaning as in the Inquiries Act 2014; S. 5(1) def. of Freedom of Information inserted by No. 6/2012 s. 4. Freedom of Information Commissioner means the Freedom of Information Commissioner appointed under Part IA; S. 5(1) def. of health information inserted by No. 2/2001 s. 101(1)(a). health information has the same meaning as in the Health Records Act 2001; S. 5(1) def. of Health Services Commiss- ioner inserted by No. 2/2001 s. 101(1)(a). Health Services Commissioner means Health Services Commissioner appointed under the Health Services (Conciliation and Review) Act 1987 and includes the Acting Health Services Commissioner under that Act; S. 5(1) def. of officer amended by Nos 58/1993 s. 16(c)(i)–(iii), 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 84(b)). officer— (a) in relation to an agency, other than a council, includes a member of the agency, a member of the staff of the agency, and any person employed by or for the agency, whether that person is one to whom the provisions of the Public Administration Act 2004 apply or not; and s. 5
be for the period, not exceeding 5 years, set out in the instrument of appointment. S. 6E(2) amended by No. 59/2014 s. 7(1). (2) The appointment of the Freedom of Information Commissioner or an Assistant Commissioner is to be on the terms and conditions set out in the instrument of appointment. S. 6E(3) amended by No. 59/2014 s. 7(1). (3) The Freedom of Information Commissioner or an Assistant Commissioner may be reappointed. S. 6E(4) amended by No. 59/2014 s. 7(1). (4) The Freedom of Information Commissioner or an Assistant Commissioner must not directly or indirectly engage in paid employment outside the duties of his or her office. S. 6E(5) amended by No. 59/2014 s. 7(1). (5) The Public Administration Act 2004 does not apply to the Freedom of Information Commissioner or an Assistant Commissioner in respect of his or her office as such except as provided in section 16 of that Act. S. 6F inserted by No. 6/2012 s. 6. 6F Remuneration S. 6F(1) amended by No. 59/2014 s. 7(1). (1) The Freedom of Information Commissioner or an Assistant Commissioner is entitled to be paid the remuneration and allowances that are determined from time to time by the Governor in Council. S. 6F(2) amended by No. 59/2014 s. 7(1). (2) The remuneration of the Freedom of Information Commissioner or an Assistant Commissioner cannot be reduced during his or her period of appointment, unless he or she consents to the reduction. S. 6G inserted by No. 6/2012 s. 6, amended by No. 59/2014 s. 7(2). 6G Vacancy and resignation s. 6F The Freedom of Information Commissioner or an Assistant Commissioner ceases to hold office if he or she—
that are necessary for the purposes of the Commissioner's functions under this Act; and (b) engage any contractor, agent or other person to assist the Commissioner in the performance of the Commissioner's functions. S. 6K inserted by No. 6/2012 s. 6, amended by No. 59/2014 s. 9(2) (ILA s. 39B(1)). 6K Delegation (1) The Freedom of Information Commissioner may by instrument delegate to a person referred to in section 6J any of the Commissioner's functions and powers except— S. 6K(a) amended by No. 59/2014 s. 9(1)(a). (a) the power to make a fresh decision under section 49P on a review under Part VI; or S. 6K(b) amended by No. 59/2014 s. 9(1)(b). (b) the power to make recommendations under section 61L in relation to a complaint under Part VIA; or (c) the power to prepare a report under Part VII; or (d) this power of delegation. s. 6K S. 6K(2) inserted by No. 59/2014 s. 9(2). (2) The Freedom of Information Commissioner may by instrument delegate to an Assistant Commissioner any of the Freedom of Information Commissioner's functions and powers except— (a) the power to prepare a report under Part VII; or (b) this power of delegation. S. 6K(3) inserted by No. 59/2014 s. 9(2). (3) An Assistant Commissioner may by instrument delegate to a person referred to in section 6J any of the Assistant Commissioner's functions and powers except—
or, in the case of a deceased person, to the person's next-of-kin. S. 33(4) amended by No. 23/1994 s. 118(Sch. 1 item 22.1), substituted by No. 2/2001 s. 101(2). (4) If— (a) a request is made to an agency or Minister for access to a document of the agency, or an official document of the Minister, that contains health information concerning the person making the request; and (b) the principal officer or the Minister, as the case may be, believes on reasonable grounds that the provision of the health information would pose a serious threat to the life or health of the person— the principal officer or Minister must not give access to the document so far as it contains that information and— s. 33 (c) the procedure set out in Division 3 of Part 5 of the Health Records Act 2001 applies as if the refusal of access were a refusal under section 26 of that Act; and (d) the document is an exempt document. S. 33(5) amended by Nos 10087 s. 3(1)(Sch. 1 item 91), 23/1994 s. 118(Sch. 1 item 22.2), 97/2005 s. 182(Sch. 4 item 22), 13/2010 s. 51(Sch. item 25). (5) Where but for this subsection the principal officer of an agency to which the provisions of subsection (4) may apply would not be a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student), the agency shall appoint a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student) to be the principal officer of the agency for the purposes of subsection (4). (6) Nothing in this Act shall be taken to require an agency or Minister to give information as to the existence or non-existence of a document of a kind referred to in subsection (1) where
(7) The Minister is not required to include in a notice under subsection (4) information as to the existence or non-existence of a document or the existence or non-existence of a state of fact if that information would, if included in a document of an agency, cause that document to be an exempt document under section 28, 29A, 31(3) or 33. (8) Nothing in this section is to be taken to imply that a certificate under section 29A(2) cannot be revoked otherwise than in accordance with this section. S. 53A inserted by No. 57/1999 s. 8. 53A Notification of reviews regarding documents affecting personal privacy S. 53A(1) amended by No. 6/2012 s. 20(c). s. 53A (1) If— S. 53A(1)(a) amended by No. 6/2012 s. 20(a). (a) an agency or Minister or the Freedom of Information Commissioner makes a decision refusing to grant access to a document; and (b) a reason for the decision is that the document is an exempt document under section 33(1) because its disclosure would involve the unreasonable disclosure of information relating to the personal affairs of a person; and S. 53A(1)(c) amended by No. 6/2012 s. 20(b). (c) an application is made to the Tribunal under section 50(1)(a), (b) or (d) for review of the decision— the agency or Minister or the Freedom of Information Commissioner (as the case requires), as soon as practicable after being notified of the application, must, if practicable, give written
(10) In this section and section 61K, prescribed agency means an agency prescribed by the regulations for the purposes of this section and section 61K. S. 61K inserted by No. 6/2012 s. 24. 61K Application to Supreme Court s. 61K (1) If a question arises as to whether the Freedom of Information Commissioner has jurisdiction to issue a production notice to a prescribed agency under section 61J, the Freedom of Information Commissioner or the agency, may apply to the Supreme Court for a determination of that question. (2) The Supreme Court may make any order it considers proper in relation to an application under subsection (1). (3) The principal officer of a prescribed agency may, on behalf of the agency— (a) make an application under this section; and (b) be a party to an application by the Freedom of Information Commissioner under this section. (4) Nothing in this section limits any application a prescribed agency may make to the Supreme Court in respect of the issuing of a production notice. S. 61L inserted by No. 6/2012 s. 24. 61L Outcome of complaint (1) After considering the complaint and any submissions and documents received in relation to the complaint, the Freedom of Information Commissioner may make any recommendations to the agency or the Minister (as the case requires) in relation to the complaint that the Commissioner considers appropriate.
Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 item 32) on 1.7.98: Government Gazette 18.6.98 p. 1512 : This information relates only to the provision/s amending the Freedom of Information Act 1982 Public Sector Reform (Further Amendments) Act 1999, No. 12/1999 Assent Date: 11.5.99 Commencement Date: S. 4(Sch. 2 item 5) on 11.5.99: s. 2(1) : This information relates only to the provision/s amending the Freedom of Information Act 1982 Freedom of Information (Amendment) Act 1999, No. 38/1999 Assent Date: 8.6.99 Commencement Date: 1.7.99: s. 2 : All of Act in operation Freedom of Information (Miscellaneous Amendments) Act 1999, No. 57/1999 Assent Date: 21.12.99 Commencement Date: Ss 4–10 on 1.1.2000: s. 2 : This information relates only to the provision/s amending the Freedom of Information Act 1982 Statute Law Revision Act 2000, No. 74/2000 Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 53) on 22.11.00: s. 2(1) : This information relates only to the provision/s amending the Freedom of Information Act 1982 Health Records Act 2001, No. 2/2001 Endnotes Assent Date: 10.4.01 Commencement Date: Ss 101, 102 on 1.7.02: s. 2(2) : This information relates only to the provision/s amending the Freedom of Information Act 1982 Corporations (Consequential Amendments) Act 2001, No. 44/2001 Assent Date: 27.6.01 Commencement Date: S. 3(Sch. item 50) on 15.7.01: s. 2 : This information relates only to the provision/s amending the Freedom of Information Act 1982 Terrorism (Community Protection) Act 2003, No. 7/2003 Assent Date: 15.4.03 Commencement Date: Ss 42–44 on 16.4.03: s. 2(1) : This information relates only to the provision/s amending the Freedom of Information Act 1982 Monetary Units Act 2004, No. 10/2004