❓ Mr. Buswell questions the legality of the Acting Information Commissioner's extended tenure, while the Attorney General defends the appointment based on legal advice and pending legislative changes.
AnsweredQoN 1204Legislative Assembly
QuestionView source ↗
The
Freedom of Information Act 1992
, Section 59 states that an Acting Commissioner is not to act in that position for a period exceeding 12 months. Given this I ask -
(1) How long has the current Acting Information Commissioner, Ms Darryl Wookey, been acting in this position?
(2) If Ms Wookey has been acting in this position for a period of longer than 12 months, through what legislative powers has this been permitted?
(3) If Ms Wookey has been acting in this position for a period of longer than 12 months, why has a permanent Information Commissioner not been appointed?
(4) If Ms Wookey has been acting in this position for a period of longer than 12 months, how has this apparent breach of the Act been permitted to continue?
(5) If Ms Wookey has been acting in this position for a period of longer than 12 months, in contravention of the Act, are there any ramifications for the decisions that have been made in her capacity during this period?
Freedom of Information Act 1992
, Section 59 states that an Acting Commissioner is not to act in that position for a period exceeding 12 months. Given this I ask -
(1) How long has the current Acting Information Commissioner, Ms Darryl Wookey, been acting in this position?
(2) If Ms Wookey has been acting in this position for a period of longer than 12 months, through what legislative powers has this been permitted?
(3) If Ms Wookey has been acting in this position for a period of longer than 12 months, why has a permanent Information Commissioner not been appointed?
(4) If Ms Wookey has been acting in this position for a period of longer than 12 months, how has this apparent breach of the Act been permitted to continue?
(5) If Ms Wookey has been acting in this position for a period of longer than 12 months, in contravention of the Act, are there any ramifications for the decisions that have been made in her capacity during this period?
AnswerView source ↗
Answered
21 June 2006
Response time
22 days
1.
The current A/Information Commissioner, Ms Darryl Wookey, has acted in that position for two periods of 12 months and is currently appointed for a third term of 12 months.
2.
State Solicitor's advice obtained prior to Ms Wookey's appointment for a second term of 12 months was that the
Freedom of Information Act 1992
does not prohibit the appointment of a person as Acting Commissioner for more than one term, but that each term cannot be more than twelve months.
3.
A permanent Information Commissioner has not been appointed due to pending legislation changing the role of the office to include responsibilities under privacy legislation and providing for the concurrent appointment of one person as the Parliamentary Commissioner for Administrative Investigations (Ombudsman) and the Information and Privacy Commissioner.
4.
Ms Wookey's appointment is not in breach of the
Freedom of Information Act 1992
.
5.
Not applicable.
The current A/Information Commissioner, Ms Darryl Wookey, has acted in that position for two periods of 12 months and is currently appointed for a third term of 12 months.
2.
State Solicitor's advice obtained prior to Ms Wookey's appointment for a second term of 12 months was that the
Freedom of Information Act 1992
does not prohibit the appointment of a person as Acting Commissioner for more than one term, but that each term cannot be more than twelve months.
3.
A permanent Information Commissioner has not been appointed due to pending legislation changing the role of the office to include responsibilities under privacy legislation and providing for the concurrent appointment of one person as the Parliamentary Commissioner for Administrative Investigations (Ombudsman) and the Information and Privacy Commissioner.
4.
Ms Wookey's appointment is not in breach of the
Freedom of Information Act 1992
.
5.
Not applicable.
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