❓ A parliamentary question regarding the legality of repeatedly appointing an Acting Information Commissioner for successive 12-month terms, despite the Freedom of Information Act's 12-month limit for acting positions. The Attorney General's representative confirms the legality based on the Interpretation Act 1984, citing advice from the State Solicitor.
AnsweredQoN 968Legislative Council
QuestionView source ↗
ACTING INFORMATION COMMISSIONER - TENURE
I refer the Attorney General to his reply to question without notice 945. (1) Who provided the advice in 2003-04 to the effect that the position of Information Commissioner can be filled on an acting basis for more than 12 months, irrespective of section 59 of the Freedom of Information Act, which limits acting periods to no more than 12 months? (2) Did the advice specifically state that there is no breach of the act if the same person is appointed as an acting commissioner for 12-month periods every 12 months? (3) Who was the person who signed the advice given? Hon SUE ELLERY
I refer the Attorney General to his reply to question without notice 945. (1) Who provided the advice in 2003-04 to the effect that the position of Information Commissioner can be filled on an acting basis for more than 12 months, irrespective of section 59 of the Freedom of Information Act, which limits acting periods to no more than 12 months? (2) Did the advice specifically state that there is no breach of the act if the same person is appointed as an acting commissioner for 12-month periods every 12 months? (3) Who was the person who signed the advice given? Hon SUE ELLERY
AnswerView source ↗
I thank the honourable member for some notice of the question. (1) The minister has not been advised that the position of Acting Information Commissioner can be filled for more than 12 months. (2) Advice was given that it is lawful to appoint the same person as Acting Information Commissioner for successive acting appointments, which is confirmed by section 52(1) of the Interpretation Act 1984. (3) This advice was received from the State Solicitor and was signed on his behalf by one of his senior officers.
(1) Who provided the advice in 2003-04 to the effect that the position of Information Commissioner can be filled on an acting basis for more than 12 months, irrespective of section 59 of the Freedom of Information Act, which limits acting periods to no more than 12 months? (2) Did the advice specifically state that there is no breach of the act if the same person is appointed as an acting commissioner for 12-month periods every 12 months? (3) Who was the person who signed the advice given? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) The minister has not been advised that the position of Acting Information Commissioner can be filled for more than 12 months. (2) Advice was given that it is lawful to appoint the same person as Acting Information Commissioner for successive acting appointments, which is confirmed by section 52(1) of the Interpretation Act 1984. (3) This advice was received from the State Solicitor and was signed on his behalf by one of his senior officers.
(2) Did the advice specifically state that there is no breach of the act if the same person is appointed as an acting commissioner for 12-month periods every 12 months? (3) Who was the person who signed the advice given? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) The minister has not been advised that the position of Acting Information Commissioner can be filled for more than 12 months. (2) Advice was given that it is lawful to appoint the same person as Acting Information Commissioner for successive acting appointments, which is confirmed by section 52(1) of the Interpretation Act 1984. (3) This advice was received from the State Solicitor and was signed on his behalf by one of his senior officers.
(3) Who was the person who signed the advice given? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) The minister has not been advised that the position of Acting Information Commissioner can be filled for more than 12 months. (2) Advice was given that it is lawful to appoint the same person as Acting Information Commissioner for successive acting appointments, which is confirmed by section 52(1) of the Interpretation Act 1984. (3) This advice was received from the State Solicitor and was signed on his behalf by one of his senior officers.
Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) The minister has not been advised that the position of Acting Information Commissioner can be filled for more than 12 months. (2) Advice was given that it is lawful to appoint the same person as Acting Information Commissioner for successive acting appointments, which is confirmed by section 52(1) of the Interpretation Act 1984. (3) This advice was received from the State Solicitor and was signed on his behalf by one of his senior officers.
I thank the honourable member for some notice of the question. (1) The minister has not been advised that the position of Acting Information Commissioner can be filled for more than 12 months. (2) Advice was given that it is lawful to appoint the same person as Acting Information Commissioner for successive acting appointments, which is confirmed by section 52(1) of the Interpretation Act 1984. (3) This advice was received from the State Solicitor and was signed on his behalf by one of his senior officers.
(1) The minister has not been advised that the position of Acting Information Commissioner can be filled for more than 12 months. (2) Advice was given that it is lawful to appoint the same person as Acting Information Commissioner for successive acting appointments, which is confirmed by section 52(1) of the Interpretation Act 1984. (3) This advice was received from the State Solicitor and was signed on his behalf by one of his senior officers.
(2) Advice was given that it is lawful to appoint the same person as Acting Information Commissioner for successive acting appointments, which is confirmed by section 52(1) of the Interpretation Act 1984. (3) This advice was received from the State Solicitor and was signed on his behalf by one of his senior officers.
(3) This advice was received from the State Solicitor and was signed on his behalf by one of his senior officers.
(1) Who provided the advice in 2003-04 to the effect that the position of Information Commissioner can be filled on an acting basis for more than 12 months, irrespective of section 59 of the Freedom of Information Act, which limits acting periods to no more than 12 months? (2) Did the advice specifically state that there is no breach of the act if the same person is appointed as an acting commissioner for 12-month periods every 12 months? (3) Who was the person who signed the advice given? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) The minister has not been advised that the position of Acting Information Commissioner can be filled for more than 12 months. (2) Advice was given that it is lawful to appoint the same person as Acting Information Commissioner for successive acting appointments, which is confirmed by section 52(1) of the Interpretation Act 1984. (3) This advice was received from the State Solicitor and was signed on his behalf by one of his senior officers.
(2) Did the advice specifically state that there is no breach of the act if the same person is appointed as an acting commissioner for 12-month periods every 12 months? (3) Who was the person who signed the advice given? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) The minister has not been advised that the position of Acting Information Commissioner can be filled for more than 12 months. (2) Advice was given that it is lawful to appoint the same person as Acting Information Commissioner for successive acting appointments, which is confirmed by section 52(1) of the Interpretation Act 1984. (3) This advice was received from the State Solicitor and was signed on his behalf by one of his senior officers.
(3) Who was the person who signed the advice given? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) The minister has not been advised that the position of Acting Information Commissioner can be filled for more than 12 months. (2) Advice was given that it is lawful to appoint the same person as Acting Information Commissioner for successive acting appointments, which is confirmed by section 52(1) of the Interpretation Act 1984. (3) This advice was received from the State Solicitor and was signed on his behalf by one of his senior officers.
Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) The minister has not been advised that the position of Acting Information Commissioner can be filled for more than 12 months. (2) Advice was given that it is lawful to appoint the same person as Acting Information Commissioner for successive acting appointments, which is confirmed by section 52(1) of the Interpretation Act 1984. (3) This advice was received from the State Solicitor and was signed on his behalf by one of his senior officers.
I thank the honourable member for some notice of the question. (1) The minister has not been advised that the position of Acting Information Commissioner can be filled for more than 12 months. (2) Advice was given that it is lawful to appoint the same person as Acting Information Commissioner for successive acting appointments, which is confirmed by section 52(1) of the Interpretation Act 1984. (3) This advice was received from the State Solicitor and was signed on his behalf by one of his senior officers.
(1) The minister has not been advised that the position of Acting Information Commissioner can be filled for more than 12 months. (2) Advice was given that it is lawful to appoint the same person as Acting Information Commissioner for successive acting appointments, which is confirmed by section 52(1) of the Interpretation Act 1984. (3) This advice was received from the State Solicitor and was signed on his behalf by one of his senior officers.
(2) Advice was given that it is lawful to appoint the same person as Acting Information Commissioner for successive acting appointments, which is confirmed by section 52(1) of the Interpretation Act 1984. (3) This advice was received from the State Solicitor and was signed on his behalf by one of his senior officers.
(3) This advice was received from the State Solicitor and was signed on his behalf by one of his senior officers.
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