{"id":"information-commissioner-act-2024","name":"Information Commissioner Act 2024","slug":"information-commissioner-act-2024","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30690,"registerId":"wa-information-commissioner-act-2024-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Information Commissioner Act 2024","content":"![Crest]()Western Australia\n\nInformation Commissioner Act 2024\n\nWestern Australia\n\nInformation Commissioner Act 2024\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Terms used 3\n\n4. Act binds Crown 4\n\nPart 2 — Appointment of Information Commissioner and Deputy Commissioners\n\nDivision 1 — Information Commissioner\n\n5. Appointment of Information Commissioner 5\n\n6. Remuneration and terms and conditions of Information Commissioner 5\n\n7. Appointment of person to act as Information Commissioner 6\n\n8. Oath or affirmation of office of Information Commissioner 6\n\nDivision 2 — Information Access Deputy Commissioner\n\n9. Appointment of Information Access Deputy Commissioner 6\n\n10. Remuneration and terms and conditions of Information Access Deputy Commissioner 7\n\n11. Appointment of person to act as Information Access Deputy Commissioner 8\n\n12. Oath or affirmation of office of Information Access Deputy Commissioner 8\n\nDivision 3 — Privacy Deputy Commissioner\n\n13. Appointment of Privacy Deputy Commissioner 9\n\n14. Remuneration and terms and conditions of Privacy Deputy Commissioner 9\n\n15. Appointment of person to act as Privacy Deputy Commissioner 10\n\n16. Oath or affirmation of office of Privacy Deputy Commissioner 10\n\nDivision 4 — General provisions about appointment of Information Commissioner and Deputy Commissioners\n\n17. Terms used 11\n\n18. Persons eligible for appointment 11\n\n19. When office becomes vacant 11\n\n20. Resignation 12\n\n21. Suspension or removal from office 12\n\n22. Outside employment 13\n\n23. Public service officer appointed as Commissioner 13\n\n24. Provisions about Acting Commissioners 14\n\nPart 3 — Functions of Information Commissioner and Deputy Commissioners\n\n25. Functions of Information Commissioner 15\n\n26. Functions of Information Access Deputy Commissioner 15\n\n27. Functions of Privacy Deputy Commissioner 15\n\n28. Delegation 16\n\nPart 4 — Staff and related provisions\n\n29. Staff 18\n\n30. Use of government staff and facilities 18\n\n31. Engagement of service providers 18\n\nPart 5 — Miscellaneous\n\n32. Annual report to Parliament 20\n\n33. Secrecy and authorised disclosure and use of information 21\n\n34. Protection from personal liability 22\n\n35. Regulations 22\n\nPart 6 — Transitional provisions\n\n36. Terms used 23\n\n37. FOI Act Information Commissioner to continue as Information Access Deputy Commissioner 23\n\n38. Acting FOI Act Information Commissioner to continue as Acting Information Access Deputy Commissioner 24\n\n39. FOI Act staff members to be appointed as public service officers 25\n\n40. Arrangements for use of staff continued 26\n\n41. Things done or started under *Freedom of Information Act 1992* before transition day 26\n\n42. Legal proceedings 27\n\n43. Information and records 27\n\n44. Application of *Financial Management Act 2006* Part 5 Division 3 27\n\n45. Transitional regulations 28\n\nPart 7 — Other Acts amended\n\nDivision 1 — *Constitution Acts Amendment Act 1899* amended\n\n46. Act amended 30\n\n47. Schedule V amended 30\n\nDivision 3 — *Financial Management Act 2006* amended\n\n50. Act amended 30\n\n51. Section 5 amended 30\n\n52. Schedule 2 heading replaced 31\n\nSchedule 2 — Modifications to the Act as to certain administrations and the Office of the Information Commissioner\n\n53. Schedule 2 amended 31\n\nDivision 4 — *Freedom of Information Act 1992* amended\n\nSubdivision 1 — Main amendments\n\n54. Act amended 32\n\n55. Part 4 Divisions 1 and 2 deleted 32\n\n56. Section 66 amended 32\n\n57. Section 75 amended 33\n\n58. Part 4 Division 4 heading deleted 33\n\n59. Sections 79 and 80 replaced 34\n\n79. Commissioner may give notice of officer’s conduct 34\n\n60. Section 81 amended 34\n\n61. Section 82 deleted 35\n\n62. Section 83 amended 35\n\n63. Part 5A inserted 35\n\nPart 5A — Administration\n\n97A. Functions of Information Commissioner and Information Access Deputy Commissioner under this Act 35\n\n97B. Performance of freedom of information functions 36\n\n97C. Certain functions cannot be delegated 38\n\n64. Section 111 amended 38\n\n65. Glossary clause 1 amended 39\n\n66. Various references to “Commissioner” amended 39\n\nSubdivision 2 — Amendment linked to commencement of *Criminal Law (Mental Impairment) Act 2023*\n\n67. Act amended 41\n\n68. Section 79 amended 41\n\nDivision 5 — *Parliamentary Commissioner Act 1971* amended\n\n69. Act amended 41\n\n70. Schedule 1 amended 41\n\nDivision 6 — *State Records Act 2000* amended\n\n71. Act amended 42\n\n72. Section 58 amended 42\n\nNotes\n\nCompilation table 43\n\nOther notes 43\n\nDefined terms\n\n  \n\n![]()Western Australia\n\nInformation Commissioner Act 2024\n\nAn Act —\n\n- to establish and make provision for the offices of Information Commissioner, Information Access Deputy Commissioner and Privacy Deputy Commissioner; and\n- to make related and consequential amendments to the *Freedom of Information Act 1992* and other Acts; and\n- for related purposes.\n\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis is the *Information Commissioner Act 2024*.\n\n##### 2. Commencement\n\n(1) This Act comes into operation as follows —\n\n(a) Part 1 — on the day on which this Act receives the Royal Assent (assent day);\n\n(b) Part 5 (but only section 35) and Part 6 — on the day after assent day;\n\n(c) Part 7 Division 4 Subdivision 2 —\n\n(i) 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\n\n(ii) otherwise — when the *Criminal Law (Mental Impairment) Act 2023* section 325 comes into operation;\n\n(d) 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.\n\n(2) 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 —\n\n(a) does not come into operation; and\n\n(b) is deleted.\n\n##### 3. Terms used\n\nIn this Act —\n\neligible person means a person who meets the eligibility requirements under section 18;\n\nfreedom of information functions has the meaning given in the *Freedom of Information Act 1992* section 97B(1);\n\nInformation Access Deputy Commissioner means the person appointed as Information Access Deputy Commissioner under section 9(2);\n\ninformation Act means —\n\n(a) this Act; or\n\n(b) the *Freedom of Information Act 1992*; or\n\n(c) the *Privacy and Responsible Information Sharing Act 2024*;\n\nInformation Commissioner means the person appointed as Information Commissioner under section 5(2);\n\ninformation official means a person who is or has been —\n\n(a) the Information Commissioner; or\n\n(b) the Information Access Deputy Commissioner; or\n\n(c) the Privacy Deputy Commissioner; or\n\n(d) 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\n\n(e) a member of staff; or\n\n(f) a person engaged to provide services under section 31;\n\nmember of staff means —\n\n(a) a public service officer appointed or made available under section 29; or\n\n(b) a person in relation to whom an arrangement under section 30(1) is in effect;\n\nPrivacy Deputy Commissioner means the person appointed as Privacy Deputy Commissioner under section 13(2);\n\nprivacy functions has the meaning given in the *Privacy and Responsible Information Sharing Act 2024* section 142(1).\n\n##### 4. Act binds Crown\n\nThis 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.\n\n## Part 2 — Appointment of Information Commissioner and Deputy Commissioners\n\n### Division 1 — Information Commissioner\n\n##### 5. Appointment of Information Commissioner\n\n(1) An office called the Information Commissioner is established.\n\n(2) The Information Commissioner is to be an eligible person appointed by the Governor.\n\n(3) The office of Information Commissioner is not an office in the Public Service.\n\n(4) Subject to Division 4, the Information Commissioner holds office for the period, not exceeding 5 years, specified in the instrument of appointment.\n\n(5) A person who has been appointed as Information Commissioner is eligible for reappointment once.\n\n##### 6. Remuneration and terms and conditions of Information Commissioner\n\n(1) Subject to the *Salaries and Allowances Act 1975*, the Information Commissioner is entitled to be paid the remuneration determined by the Governor.\n\n(2) 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.\n\n(3) The Governor may determine —\n\n(a) the leave of absence to which the Information Commissioner is entitled; and\n\n(b) other terms and conditions of service that apply to the Information Commissioner.\n\n(4) Remuneration paid to the Information Commissioner under subsection (1) is charged to the Consolidated Account, which this subsection appropriates accordingly.\n\n##### 7. Appointment of person to act as Information Commissioner\n\nThe Governor may appoint an eligible person to act in the office of Information Commissioner during a period —\n\n(a) when the Information Commissioner is —\n\n(i) on leave of absence; or\n\n(ii) unable to perform the functions of the Information Commissioner;\n\nor\n\n(b) when the Information Commissioner is suspended; or\n\n(c) when the office of Information Commissioner is vacant.\n\n##### 8. Oath or affirmation of office of Information Commissioner\n\n(1) 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.\n\n(2) The oath or affirmation must be administered by the Governor.\n\n### Division 2 — Information Access Deputy Commissioner\n\n##### 9. Appointment of Information Access Deputy Commissioner\n\n(1) An office called the Information Access Deputy Commissioner is established.\n\n(2) The Information Access Deputy Commissioner is to be an eligible person appointed by the Governor.\n\n(3) The Information Access Deputy Commissioner is a deputy of the Information Commissioner.\n\n(4) The office of Information Access Deputy Commissioner is not an office in the Public Service.\n\n(5) Subject to Division 4, the Information Access Deputy Commissioner holds office for the period, not exceeding 5 years, specified in the instrument of appointment.\n\n(6) A person who has been appointed as Information Access Deputy Commissioner is eligible for reappointment once.\n\n##### 10. Remuneration and terms and conditions of Information Access Deputy Commissioner\n\n(1) Subject to the *Salaries and Allowances Act 1975*, the Information Access Deputy Commissioner is entitled to be paid the remuneration determined by the Governor.\n\n(2) 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.\n\n(3) The Governor may determine —\n\n(a) the leave of absence to which the Information Access Deputy Commissioner is entitled; and\n\n(b) other terms and conditions of service that apply to the Information Access Deputy Commissioner.\n\n(4) Remuneration paid to the Information Access Deputy Commissioner under subsection (1) is charged to the Consolidated Account, which this subsection appropriates accordingly.\n\n##### 11. Appointment of person to act as Information Access Deputy Commissioner\n\nThe Governor may appoint an eligible person to act in the office of Information Access Deputy Commissioner during a period —\n\n(a) when the Information Access Deputy Commissioner is —\n\n(i) on leave of absence; or\n\n(ii) unable to perform the functions of the Information Access Deputy Commissioner;\n\nor\n\n(b) when the Information Access Deputy Commissioner is suspended; or\n\n(c) when the office of Information Access Deputy Commissioner is vacant.\n\n##### 12. Oath or affirmation of office of Information Access Deputy Commissioner\n\n(1) 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.\n\n(2) The oath or affirmation must be administered by the Governor.\n\n### Division 3 — Privacy Deputy Commissioner\n\n##### 13. Appointment of Privacy Deputy Commissioner\n\n(1) An office called the Privacy Deputy Commissioner is established.\n\n(2) The Privacy Deputy Commissioner is to be an eligible person appointed by the Governor.\n\n(3) The Privacy Deputy Commissioner is a deputy of the Information Commissioner.\n\n(4) The office of Privacy Deputy Commissioner is not an office in the Public Service.\n\n(5) Subject to Division 4, the Privacy Deputy Commissioner holds office for the period, not exceeding 5 years, specified in the instrument of appointment.\n\n(6) A person who has been appointed as Privacy Deputy Commissioner is eligible for reappointment once.\n\n##### 14. Remuneration and terms and conditions of Privacy Deputy Commissioner\n\n(1) Subject to the *Salaries and Allowances Act 1975*, the Privacy Deputy Commissioner is entitled to be paid the remuneration determined by the Governor.\n\n(2) The Privacy Deputy Commissioner’s rate of remuneration must not be reduced during a term of office of the Privacy Deputy Commissioner without the Privacy Deputy Commissioner’s consent.\n\n(3) The Governor may determine —\n\n(a) the leave of absence to which the Privacy Deputy Commissioner is entitled; and\n\n(b) other terms and conditions of service that apply to the Privacy Deputy Commissioner.\n\n(4) Remuneration paid to the Privacy Deputy Commissioner under subsection (1) is charged to the Consolidated Account, which this subsection appropriates accordingly.\n\n##### 15. Appointment of person to act as Privacy Deputy Commissioner\n\nThe Governor may appoint an eligible person to act in the office of Privacy Deputy Commissioner during a period —\n\n(a) when the Privacy Deputy Commissioner is —\n\n(i) on leave of absence; or\n\n(ii) unable to perform the functions of the Privacy Deputy Commissioner;\n\nor\n\n(b) when the Privacy Deputy Commissioner is suspended; or\n\n(c) when the office of Privacy Deputy Commissioner is vacant.\n\n##### 16. Oath or affirmation of office of Privacy Deputy Commissioner\n\n(1) Before performing the functions of the Privacy Deputy Commissioner for the first time, the Privacy Deputy Commissioner or a person appointed to act in the office of Privacy 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.\n\n(2) The oath or affirmation must be administered by the Governor.\n\n### Division 4 — General provisions about appointment of Information Commissioner and Deputy Commissioners\n\n##### 17. Terms used\n\nIn this Division —\n\nActing Commissioner means 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;\n\nCommissioner means the Information Commissioner, Information Access Deputy Commissioner or Privacy Deputy Commissioner.\n\n##### 18. Persons eligible for appointment\n\nA person is eligible for appointment as a Commissioner if the person —\n\n(a) is or has been a legal practitioner of at least 5 years’ standing; or\n\n(b) is, in the opinion of the Governor, suitable for appointment as a Commissioner by reason of the person’s legal qualifications and experience, whether in this State or elsewhere.\n\n##### 19. When office becomes vacant\n\nThe office of a Commissioner becomes vacant if —\n\n(a) the period for which the Commissioner holds office expires; or\n\n(b) the Commissioner —\n\n(i) dies; or\n\n(ii) resigns under section 20; or\n\n(iii) is removed from office under section 21.\n\n##### 20. Resignation\n\n(1) A Commissioner may at any time resign from office by written notice addressed to the Governor.\n\n(2) The resignation takes effect on the day on which the notice is given to the Governor or on a later day specified in the notice.\n\n##### 21. Suspension or removal from office\n\n(1) A Commissioner may, at any time, be suspended or removed from office by the Governor on addresses from both Houses of Parliament.\n\n(2) The Governor may suspend a Commissioner from office if the Governor is satisfied that the Commissioner —\n\n(a) is physically or mentally incapable of performing the duties of their office; or\n\n(b) has shown incompetence or neglect in performing those duties; or\n\n(c) is, according to the *Interpretation Act 1984* section 13D, a bankrupt or a person whose affairs are under insolvency laws; or\n\n(d) has been guilty of misconduct as defined in the *Corruption, Crime and Misconduct Act 2003* section 4.\n\n(3) If a Commissioner is suspended under subsection (2), the suspended Commissioner is restored to office unless —\n\n(a) a statement of the grounds of suspension is laid before each House of Parliament during the first 7 sitting days of that House following the day of suspension; and\n\n(b) each House of Parliament, during the session in which the statement is so laid, and within 30 sitting days after it is so laid, passes an address requesting the removal of the suspended Commissioner from office.\n\n##### 22. Outside employment\n\nA Commissioner must not engage in paid employment outside the Commissioner’s functions under a written law without the approval of the Governor.\n\n##### 23. Public service officer appointed as Commissioner\n\n(1) If a person who is a public service officer is appointed as a Commissioner, the person is entitled to retain any accruing and existing rights, including any rights under the *State Superannuation Act 2000*, as if service as a Commissioner were a continuation of service as a public service officer.\n\n(2) If a person ceases to be a Commissioner and becomes a public service officer, the person’s service as a Commissioner is to be regarded as service in the Public Service for the purpose of determining that person’s rights as a public service officer and, if applicable, for the purposes of the *State Superannuation Act 2000*.\n\n(3) Subsection (4) applies to a person if —\n\n(a) immediately before the person is appointed as a Commissioner, the person occupies an office under the *Public Sector Management Act 1994* Part 3; and\n\n(b) the person serves 1 or more continuous terms of appointment as a Commissioner; and\n\n(c) the period of the last of those appointments expires by the passage of time and the person is not again appointed as a Commissioner.\n\n(4) The person is entitled to be appointed to an office under the *Public Sector Management Act 1994* Part 3 of at least the equivalent level of classification as the office under that Part referred to in subsection (3)(a).\n\n##### 24. Provisions about Acting Commissioners\n\n(1) The Governor may determine —\n\n(a) any remuneration to which an Acting Commissioner is entitled; and\n\n(b) any leave of absence to which an Acting Commissioner is entitled; and\n\n(c) other terms and conditions of service that apply to an Acting Commissioner.\n\n(2) An appointment of an Acting Commissioner under section 7, 11 or 15 —\n\n(a) may be made at any time and may be terminated at any time by the Governor; and\n\n(b) may be expressed to have effect only in the circumstances specified by the Governor.\n\n(3) The validity of anything done by, to, or in relation to, a person purporting to act under section 7, 11 or 15 is not to be called into question on the ground that —\n\n(a) the occasion for an appointment under that section had not arisen; or\n\n(b) there is a defect or irregularity in the appointment; or\n\n(c) the appointment had ceased to have effect; or\n\n(d) the occasion for the person to act had not arisen or had ceased.\n\n(4) Remuneration paid to an Acting Commissioner under subsection (1) is charged to the Consolidated Account, which this subsection appropriates accordingly.\n\n## Part 3 — Functions of Information Commissioner and Deputy Commissioners\n\n##### 25. Functions of Information Commissioner\n\n(1) The Information Commissioner has the following functions —\n\n(a) the freedom of information functions;\n\n(b) the privacy functions;\n\n(c) any other functions given to the Information Commissioner under an information Act or another written law.\n\n(2) The Information Commissioner has all the powers that are needed for the performance of the Information Commissioner’s functions.\n\n##### 26. Functions of Information Access Deputy Commissioner\n\n(1) The Information Access Deputy Commissioner has the following functions —\n\n(a) the freedom of information functions;\n\n(b) any other functions given to the Information Access Deputy Commissioner under a written law.\n\nNote for this subsection:\n\nThe *Freedom of Information Act 1992* section 97B provides for how the Information Access Deputy Commissioner performs the freedom of information functions.\n\n(2) The Information Access Deputy Commissioner has all the powers that are needed for the performance of the Information Access Deputy Commissioner’s functions.\n\n##### 27. Functions of Privacy Deputy Commissioner\n\n(1) The Privacy Deputy Commissioner has the following functions —\n\n(a) the privacy functions;\n\n(b) any other functions given to the Privacy Deputy Commissioner under a written law.\n\nNote for this subsection:\n\nThe *Privacy and Responsible Information Sharing Act 2024* section 142 provides for how the Privacy Deputy Commissioner performs the privacy functions.\n\n(2) The Privacy Deputy Commissioner has all the powers that are needed for the performance of the Privacy Deputy Commissioner’s functions.\n\n##### 28. Delegation\n\n(1) The Information Commissioner may delegate to a member of staff any power or duty of the Information Commissioner, other than —\n\n(a) the power of delegation under this subsection; and\n\n(b) any power or duty that cannot be delegated because of the *Privacy and Responsible Information Sharing Act 2024* section 143 or the *Freedom of Information Act 1992* section 97C.\n\n(2) The Information Access Deputy Commissioner may delegate to a member of staff any power or duty of the Information Access Deputy Commissioner, other than —\n\n(a) the power of delegation under this subsection; and\n\n(b) any power or duty that cannot be delegated because of the *Freedom of Information Act 1992* section 97C.\n\n(3) The Privacy Deputy Commissioner may delegate to a member of staff any power or duty of the Privacy Deputy Commissioner, other than —\n\n(a) the power of delegation under this subsection; and\n\n(b) any power or duty that cannot be delegated because of the *Privacy and Responsible Information Sharing Act 2024* section 143.\n\n(4) A delegation under this section must be in writing signed by the person making the delegation.\n\n(5) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.\n\n(6) A person exercising or performing a power or duty that has been delegated to the person under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown.\n\n(7) Nothing in this section limits the ability of the Information Commissioner, Information Access Deputy Commissioner or Privacy Deputy Commissioner to perform a function through an officer or agent.\n\n## Part 4 — Staff and related provisions\n\n##### 29. Staff\n\nPublic service officers may be appointed or made available under the *Public Sector Management Act 1994* Part 3 to support the Information Commissioner, Information Access Deputy Commissioner and Privacy Deputy Commissioner in the performance of their functions.\n\n##### 30. Use of government staff and facilities\n\n(1) The Information Commissioner may, by arrangement with the relevant employer, make use, either full‑time or part‑time, of the services of an officer or employee —\n\n(a) in the Public Service; or\n\n(b) in a State agency; or\n\n(c) otherwise in the service of the State.\n\n(2) The Information Commissioner may, by arrangement with a department of the Public Service or a State agency, make use of any facilities of the department or agency.\n\n(3) An arrangement under subsection (1) or (2) must be made on terms agreed to by the parties.\n\n(4) An arrangement made by the Information Commissioner under subsection (1) or (2) may include provision for the Information Access Deputy Commissioner or Privacy Deputy Commissioner to make use of the services of the officer or employee or the facilities.\n\n##### 31. Engagement of service providers\n\n(1) The Information Commissioner may engage suitably qualified persons to provide services, information or advice to the Information Commissioner, Information Access Deputy Commissioner or Privacy Deputy Commissioner.\n\n(2) A person engaged by the Information Commissioner under subsection (1) is engaged on the terms and conditions decided by the Information Commissioner.\n\n## Part 5 — Miscellaneous\n\n##### 32. Annual report to Parliament\n\n(1) As soon as practicable after 30 June in a financial year, the Information Commissioner must —\n\n(a) prepare a report on —\n\n(i) the operation in the financial year of the *Freedom of Information Act 1992* and the *Privacy and Responsible Information Sharing Act 2024* Part 2 and Schedule 1; and\n\n(ii) the operations of the Information Commissioner, Information Access Deputy Commissioner and Privacy Deputy Commissioner in the financial year;\n\nand\n\n(b) submit the report to the President of the Legislative Council and the Speaker of the Legislative Assembly.\n\n(2) The annual report must include the following information for the financial year —\n\n(a) the information required by the *Freedom of Information Act 1992* section 111;\n\n(b) the information required by the *Privacy and Responsible Information Sharing Act 2024* section 146.\n\n(3) The annual report referred to in subsection (1) may include recommendations of the Information Commissioner as to legislative or administrative changes that could be made to assist in achieving —\n\n(a) the objects of the *Freedom of Information Act 1992*; and\n\n(b) the objects of the *Privacy and Responsible Information Sharing Act 2024* set out in section 3(a) to (e) of that Act.\n\n(4) The President or Speaker must cause a copy of a report submitted to them under subsection (1) to be laid before the Legislative Council or Legislative Assembly, as the case requires, within 15 sitting days of that House after the report is submitted.\n\nNote for this section:\n\nThe Information Commissioner must also prepare an annual report under the *Financial Management Act 2006*.\n\n##### 33. Secrecy and authorised disclosure and use of information\n\n(1) An information official must not, directly or indirectly, record, disclose or use information obtained in the administration of an information Act.\n\nPenalty for this subsection: a fine of $6 000.\n\n(2) An information official does not commit an offence under subsection (1) if the recording, disclosure or use of the information is authorised under subsection (3).\n\n(3) The recording, disclosure or use of information to which subsection (1) applies is authorised if the information is recorded, disclosed or used —\n\n(a) for the purpose of, or in connection with, performing a function under an information Act or another written law; or\n\n(b) as permitted or required by an information Act or another written law; or\n\n(c) for the purposes of any legal proceedings arising out of the administration of an information Act or another written law; or\n\n(d) with the written consent of the person to whom the information relates; or\n\n(e) in circumstances prescribed by the regulations.\n\n(4) Subsection (3) does not affect the operation of the *Freedom of Information Act 1992* section 74.\n\n##### 34. Protection from personal liability\n\n(1) No civil or criminal liability is incurred by an information official for anything that the information official has done, in good faith, in the performance or purported performance of a function under an information Act.\n\n(2) The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted.\n\n(3) Despite subsection (1), the State is not relieved of any liability that it might have for an information official having done anything as described in that subsection.\n\n(4) In this section, a reference to the doing of anything includes a reference to an omission to do anything.\n\n##### 35. Regulations\n\nThe Governor may make regulations prescribing matters —\n\n(a) required or permitted by this Act to be prescribed; or\n\n(b) necessary or convenient for giving effect to the purposes of this Act.\n\n## Part 6 — Transitional provisions\n\n##### 36. Terms used\n\n(1) In this Part —\n\nFOI Act Information Commissioner means the Information Commissioner appointed under the *Freedom of Information Act 1992* section 56;\n\nFOI Act staff member means a member of staff appointed under the *Freedom of Information Act 1992* section 61(1);\n\nnew Information Commissioner means the Information Commissioner appointed under section 5(2);\n\ntransition day means the day on which Part 2 of this Act comes into operation under section 2(1)(d).\n\n(2) A reference in this Part to a provision of the *Freedom of Information Act 1992* that is deleted by Part 7 Division 4 of this Act is, on and after transition day, a reference to that provision as in force before transition day.\n\n##### 37. FOI Act Information Commissioner to continue as Information Access Deputy Commissioner\n\n(1) 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.\n\n(2) 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.\n\n(3) 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.\n\n(4) 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.\n\n(5) 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.\n\n(6) 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.\n\n##### 38. Acting FOI Act Information Commissioner to continue as Acting Information Access Deputy Commissioner\n\n(1) If an appointment of a person to act in the office of FOI Act Information Commissioner is in force immediately before transition day under the *Freedom of Information Act 1992* section 59, the appointment is, on and from transition day until the expiry of the period of that appointment, taken to be an appointment of the person to act in the office of Information Access Deputy Commissioner under section 11.\n\n(2) If the appointment to act in the office of FOI Act Information Commissioner is expressed to have effect only in the circumstances specified in the instrument of appointment, subsection (1) applies whether or not those circumstances are applicable immediately before transition day.\n\n(3) Subsection (1) does not prevent the termination of the appointment under section 24(2)(a).\n\n##### 39. FOI Act staff members to be appointed as public service officers\n\n(1) A person who is an FOI Act staff member immediately before transition day is, on and from transition day, taken to be appointed as a public service officer referred to in section 29.\n\n(2) The person’s appointment as a public service officer —\n\n(a) is to a level of classification that is the same as the substantive level of classification that applied in relation to the person as an FOI Act staff member immediately before transition day; and\n\n(b) is —\n\n(i) if the person was appointed as an FOI Act staff member for an indefinite period — an appointment as a permanent officer (as defined in the *Public Sector Management Act 1994* section 3(1)); and\n\n(ii) if the person was appointed as an FOI Act staff member for a fixed term — an appointment as a term officer (as defined in the *Public Sector Management Act 1994* section 3(1)) for the remainder of that fixed term as at transition day;\n\nand\n\n(c) does not affect the person’s remuneration.\n\n(3) The person retains all existing and accruing rights, including any rights under the *State Superannuation Act 2000*, as if the person’s service as an FOI Act staff member were service as a public service officer.\n\n(4) This section does not prevent the person from resigning, or otherwise ceasing to be a public service officer, under the *Public Sector Management Act 1994*.\n\n##### 40. Arrangements for use of staff continued\n\nIf an arrangement under the *Freedom of Information Act 1992* section 61(4) is in effect immediately before transition day, the arrangement is taken, on and from transition day, to be an arrangement made under section 30(1) by the new Information Commissioner.\n\n##### 41. Things done or started under *Freedom of Information Act 1992* before transition day\n\n(1) Anything done by, to, or in relation to, the FOI Act Information Commissioner before transition day under the *Freedom of Information Act 1992* is, to the extent necessary or convenient for the purpose of continuing its effect on and after transition day, taken to have been done by, to, or in relation to, the new Information Commissioner.\n\nExamples for this subsection:\n\n1. If a requirement is made by the FOI Act Information Commissioner before transition day under the *Freedom of Information Act 1992* section 75(1), but has not been complied with before transition day, the requirement is taken to have been made by the new Information Commissioner.\n\n2. If an application is made to the FOI Act Information Commissioner before transition day under the *Freedom of Information Act 1992* section 35, but is not decided before transition day, the application is taken to have been made to the new Information Commissioner.\n\n(2) Anything that the FOI Act Information Commissioner started doing under the *Freedom of Information Act 1992* before transition day may be continued on and after transition day by the new Information Commissioner.\n\nExample for this subsection:\n\nIf the FOI Act Information Commissioner started dealing with a complaint made against an agency’s decision under the *Freedom of Information Act 1992* section 65 before transition day, the new Information Commissioner may continue dealing with the complaint on and after transition day.\n\n(3) Without limiting subsection (1) or (2), anything that the FOI Act Information Commissioner started doing under the *Freedom of Information Act 1992* before transition day in the performance of a function that, on and after transition day, is a freedom of information function may be continued on and after transition day by the Information Access Deputy Commissioner acting in accordance with the *Freedom of Information Act 1992* section 97B.\n\n##### 42. Legal proceedings\n\n(1) This section applies if —\n\n(a) the FOI Act Information Commissioner is a party to any legal proceedings arising under, or in relation to the administration of, the *Freedom of Information Act 1992*; and\n\n(b) the proceedings have commenced, but not been finally determined, before transition day.\n\n(2) On and from transition day, the new Information Commissioner is taken to be a party to the proceedings instead of the FOI Act Information Commissioner.\n\n##### 43. Information and records\n\nAt the beginning of transition day, the information and records of the FOI Act Information Commissioner become information and records of the new Information Commissioner and the new Information Commissioner, Information Access Deputy Commissioner and Privacy Deputy Commissioner may hold, record, use or disclose the information and records for the purposes of performing their functions.\n\n##### 44. Application of *Financial Management Act 2006* Part 5 Division 3\n\nFor the purposes of the *Financial Management Act 2006* Part 5 Division 3, the department that before transition day was taken under section 5 of that Act to be constituted by the administration of the FOI Act Information Commissioner is taken to be abolished at the beginning of transition day.\n\n##### 45. Transitional regulations\n\n(1) In this section —\n\nspecified means specified or described in regulations;\n\ntransitional matter —\n\n(a) means a matter or issue of a transitional nature that arises as a result of the enactment of this Act or the coming into operation of any provisions of this Act or regulations made under it; and\n\n(b) includes a savings or application matter.\n\n(2) If there is not sufficient provision in this Part for dealing with a transitional matter, regulations may prescribe anything required, necessary or convenient to be prescribed in relation to the matter.\n\n(3) Without limiting subsection (2), regulations made for the purposes of that subsection may provide that specified provisions of an information Act —\n\n(a) do not apply to, or in relation to, a specified matter or thing; or\n\n(b) apply with specified modifications to, or in relation to, a specified matter or thing.\n\n(4) If regulations made for the purposes of subsection (2) provide that a specified state of affairs is taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in accordance with the *Interpretation Act 1984* section 41(1)(a) but not earlier than transition day, the regulations have effect according to their terms.\n\n(5) If regulations made for the purposes of subsection (2) contain a provision of a kind described in subsection (4), the provision does not operate so as —\n\n(a) to affect in a manner prejudicial to any person (other than the State or an authority of the State) the rights of that person existing before the day of publication of those regulations; or\n\n(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations.\n\n## Part 7 — Other Acts amended\n\n### Division 1 — *Constitution Acts Amendment Act 1899* amended\n\n##### 46. Act amended\n\nThis Division amends the *Constitution Acts Amendment Act 1899*.\n\n##### 47. Schedule V amended\n\nIn Schedule V Part 1 Division 2 delete the item relating to the Information Commissioner and insert:\n\nInformation Commissioner, Information Access Deputy Commissioner or Privacy Deputy Commissioner appointed under the *Information Commissioner Act 2024*.\n\n[Division 2 will not come into operation 1]\n\n### Division 3 — *Financial Management Act 2006* amended\n\n##### 50. Act amended\n\nThis Division amends the *Financial Management Act 2006*.\n\n##### 51. Section 5 amended\n\n(1) In section 5(1):\n\n(a) in paragraph (d) delete “Investigations;” and insert:\n\nInvestigations,\n\n(b) delete paragraph (e).\n\n(2) In section 5(2) delete “subsection (1)” and insert:\n\nsubsection (1), or to a department of the Public Service known as the Office of the Information Commissioner,\n\n##### 52. Schedule 2 heading replaced\n\nDelete the heading to Schedule 2 and insert:\n\nSchedule 2 — Modifications to the Act as to certain administrations and the Office of the Information Commissioner\n\n[s. 5(2)]\n\n##### 53. Schedule 2 amended\n\nIn Schedule 2 delete the item for section 54 and insert:\n\n| 54 | 54. (1) The accountable authority of — |\n| --- | --- |\n|  | (a) the agency taken to be constituted under section 5(1) by the administration of the Legislative Council is the Clerk of the Legislative Council; or |\n|  | (b) the agency taken to be constituted under section 5(1) by the administration of the Legislative Assembly is the Clerk of the Legislative Assembly; or |\n|  | (c) the agency taken to be constituted under section 5(1) by the administration of the Parliamentary Services Department is the Executive Manager (however designated) of the Parliamentary Services Department; or |\n|  | (d) the agency taken to be constituted under section 5(1) by the administration of the Parliamentary Commissioner for Administrative Investigations is the chief executive officer of the department of the Public Service principally assisting in the administration of the Parliamentary Commissioner Act 1971; or |\n|  | (e) an agency taken to be constituted under section 5(1) by the administration of a body or office that is the subject of regulations referred to in that provision is the person appointed, in writing, by the Treasurer to be the accountable authority of that agency; or |\n|  | (f) a department of the Public Service known as the Office of the Information Commissioner is the Information Commissioner appointed under the *Information Commissioner Act 2024.* |\n\n\n### Division 4 — *Freedom of Information Act 1992* amended\n\n#### Subdivision 1 — Main amendments\n\n##### 54. Act amended\n\nThis Subdivision amends the *Freedom of Information Act 1992*.\n\n##### 55. Part 4 Divisions 1 and 2 deleted\n\nDelete Part 4 Divisions 1 and 2.\n\n##### 56. Section 66 amended\n\n(1) In section 66(1):\n\n(a) delete paragraph (a) and insert:\n\n(a) be given in writing to the Information Commissioner; and\n\n(b) in paragraph (d) delete “regulations; and” and insert:\n\nregulations.\n\n(c) delete paragraph (e).\n\n(2) In section 66(2) and (3) delete “lodge” and insert:\n\nmake\n\n(3) In section 66(4) delete “Commissioner may allow a complaint to be lodged” and insert:\n\nInformation Commissioner may allow a complaint to be made\n\n##### 57. Section 75 amended\n\nIn section 75(2) delete “member of the staff of the Commissioner in the course of the performance of his or her duties as a member of that staff,” and insert:\n\nmember of Commissioner staff in the course of the performance of their duties as a member of Commissioner staff\n\n##### 58. Part 4 Division 4 heading deleted\n\nDelete the heading to Part 4 Division 4.\n\n##### 59. Sections 79 and 80 replaced\n\nDelete sections 79 and 80 and insert:\n\n79. Commissioner may give notice of officer’s conduct\n\nIf in dealing with a complaint the Information Commissioner forms the opinion that there is evidence that an officer of an agency has been guilty of a breach of duty, or of misconduct, in the administration of this Act, the Commissioner may take such steps as the Commissioner considers appropriate to bring the evidence to the notice of —\n\n(a) if the person is the principal officer of the agency but is not a Minister — the Minister responsible for the agency; or\n\n(b) if the person is the principal officer of a contractor or subcontractor — the Minister to whom the administration of the *Court Security and Custodial Services Act 1999*, the *Declared Places (Mentally Impaired Accused) Act 2015* or the *Prisons Act 1981* is committed, as is relevant to the case; or\n\n(c) if the person is a Minister — the Parliament; or\n\n(d) in any other case — the principal officer of the agency.\n\n##### 60. Section 81 amended\n\nIn section 81(1) and (2) delete “Commissioner for the purposes of Division 3.” and insert:\n\nInformation Commissioner for the purposes of this Division.\n\nNote: The heading to amended section 81 is to read:\n\nDisclosure of information and giving of evidence to Commissioner\n\n##### 61. Section 82 deleted\n\nDelete section 82.\n\n##### 62. Section 83 amended\n\nIn section 83:\n\n(a) delete “Division 3” and insert:\n\nthis Division\n\n(b) in paragraph (c) before “Commissioner” insert:\n\nInformation\n\n##### 63. Part 5A inserted\n\nAfter section 97 insert:\n\nPart 5A — Administration\n\n97A. Functions of Information Commissioner and Information Access Deputy Commissioner under this Act\n\n(1) The Information Commissioner has the following functions under this Act —\n\n(a) to deal with complaints made under Part 4 about decisions made by agencies in respect of access applications and applications for amendment of personal information;\n\n(b) to ensure that agencies are aware of their responsibilities under this Act;\n\n(c) to ensure that members of the public are aware of this Act and their rights under it;\n\n(d) to provide assistance to members of the public and agencies on matters relevant to this Act;\n\n(e) any other function given to the Information Commissioner under this Act.\n\n(2) The Information Access Deputy Commissioner also has all the functions of the Information Commissioner under this Act, other than the following —\n\n(a) giving a direction under section 97B(3);\n\n(b) any function under section 111 in relation to a report referred to in that section.\n\nNote for this section:\n\nThe *Information Commissioner Act 2024* sections 25 and 26 provide for the functions of the Information Commissioner and Information Access Deputy Commissioner generally.\n\n97B. Performance of freedom of information functions\n\n(1) The functions under this Act that are functions of both the Information Commissioner and the Information Access Deputy Commissioner are the freedom of information functions.\n\n(2) A freedom of information function may be performed —\n\n(a) by the Information Commissioner; or\n\n(b) by the Information Access Deputy Commissioner, subject to any direction given under subsection (3).\n\n(3) The Information Commissioner may direct the Information Access Deputy Commissioner as to —\n\n(a) which of the freedom of information functions the Information Access Deputy Commissioner is to perform; and\n\n(b) the manner in which the Information Access Deputy Commissioner must perform any freedom of information function.\n\n(4) If the Information Access Deputy Commissioner performs a freedom of information function —\n\n(a) the Information Access Deputy Commissioner performs the function in the Information Access Deputy Commissioner’s own right and not on behalf of the Information Commissioner; and\n\n(b) the Information Access Deputy Commissioner may perform the function upon the Information Access Deputy Commissioner’s own belief or state of mind (to the extent that the performance or exercise is dependent on the belief or state of mind of the Information Commissioner); and\n\n(c) the performance of the function is as effectual for all purposes as if it were performed by the Information Commissioner; and\n\n(d) a reference in this Act or another written law to anything done by, to, or in relation to, the Information Commissioner in connection with the function includes a reference to the thing as done by, to, or in relation to, the Information Access Deputy Commissioner; and\n\n(e) the Information Commissioner is not prevented from performing the same function on another occasion (in relation to a different matter).\n\n97C. Certain functions cannot be delegated\n\nThe following functions cannot be delegated by the Information Commissioner or the Information Access Deputy Commissioner under the *Information Commissioner Act 2024* section 28 —\n\n(a) requiring an agency to produce a document for inspection under section 75(1);\n\n(b) any function under section 76 in relation to dealing with a complaint;\n\n(c) considering any matter or making any decision in relation to an exemption certificate under section 77.\n\n##### 64. Section 111 amended\n\n(1) Delete section 111(1).\n\n(2) In section 111(2) delete “The report is to include in relation to each agency — ” and insert:\n\nWithout limiting the *Information Commissioner Act 2024* section 32, the Information Commissioner must include the following information in the annual report required under that section in relation to each agency for the financial year —\n\n(3) In section 111(2) after each of paragraphs (a) to (k) delete “and”.\n\n(4) Delete section 111(3)(a) and insert:\n\n(a) provide the Information Commissioner with such information as the Commissioner requires for the purposes of this section; and\n\n(5) Delete section 111(4) and (5).\n\n##### 65. Glossary clause 1 amended\n\nIn the Glossary clause 1 insert in alphabetical order:\n\nfreedom of information functions has the meaning given in section 97B(1);\n\nInformation Access Deputy Commissioner means the person appointed as Information Access Deputy Commissioner under the *Information Commissioner Act 2024* section 9(2);\n\nInformation Commissioner means the person appointed as Information Commissioner under the *Information Commissioner Act 2024* section 5(2);\n\nmember of Commissioner staff means a member of staff as defined in the *Information Commissioner Act 2024* section 3;\n\n##### 66. Various references to “Commissioner” amended\n\nAmend the provisions listed in the Table as set out in the Table.\n\nTable\n\n| **Provision** | **Delete** | **Insert** |\n| --- | --- | --- |\n| s. 13(3) and (4)<br>s. 66(6)<br>s. 68(1)<br>s. 69(2) and (3)<br>s. 70(4), (5) and (6)<br>s. 71(1) and (3)<br>s. 74(2)<br>s. 76(1), (2), (4), (5), (6), (7) and (8)<br>s. 77(1), (4) and (7)<br>s. 78(1), (4) and (5)<br>s. 85(1), (2)(a), (3) and (4)<br>s. 89(3)<br>s. 97(2) | Commissioner | Information Commissioner |\n| s. 13(5) and (7)<br>s. 35(1)<br>s. 48(3) and (4)<br>s. 67(1) and (2)<br>s. 69(4)<br>s. 70(1), (2) and (3)<br>s. 71(2)<br>s. 72(1), (2) and (3)<br>s. 73(1)<br>s. 74(1)<br>s. 75(1) and (2)<br>s. 76(3)<br>s. 77(3)<br>s. 84<br>s. 85(5)<br>s. 103(c) | Commissioner (1st  occurrence) | Information Commissioner |\n| s. 78(2)<br>s. 87(1)(a), (b) and (c) | Commissioner’s | Information Commissioner’s |\n\n\n#### Subdivision 2 — Amendment linked to commencement of *Criminal Law (Mental Impairment) Act 2023*\n\n##### 67. Act amended\n\nThis Subdivision amends the *Freedom of Information Act 1992*.\n\n##### 68. Section 79 amended\n\nIn section 79(b) delete “*(Mentally Impaired Accused)*” and insert:\n\n *(Mental Impairment)*\n\n### Division 5 — *Parliamentary Commissioner Act 1971* amended\n\n##### 69. Act amended\n\nThis Division amends the *Parliamentary Commissioner Act 1971*.\n\n##### 70. Schedule 1 amended\n\nIn Schedule 1 delete the item relating to the *Freedom of Information Act 1992* and insert:\n\n| *Information Commissioner Act 2024* | Information Commissioner.   Information Access Deputy Commissioner.   Privacy Deputy Commissioner. |\n| --- | --- |\n\n\n### Division 6 — *State Records Act 2000* amended\n\n##### 71. Act amended\n\nThis Division amends the *State Records Act 2000*.\n\n##### 72. Section 58 amended\n\nDelete section 58(b) and insert:\n\n(b) the person who is the Information Commissioner, or who is acting in that office, under the *Information Commissioner Act 2024*; and\n\n![]()\n\nNotes\n\nThis is a compilation of the *Information Commissioner Act 2024*. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Information Commissioner Act 2024* | 52 of 2024 | 6 Dec 2024 | Pt. 1: 6 Dec 2024 (see s. 2(1)(a));   Pt. 5 (other than s. 32 to 34) and Pt. 6: 7 Dec 2024 (see s. 2(1)(b));   Pt. 2‑4, s. 32 to 34 and Pt. 7: 1 Jul 2025 (see s. 2(1)(c)(i) and (d) and SL 2025/102 cl. 2(a)) |\n\n\nOther notes\n\n1 Pt. 7 Div. 2 of this Act did not come into operation and was deleted (see s. 2(2)).\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nActing Commissioner 17\n\nassent day 2(1)\n\nCommissioner 17\n\neligible person 3\n\nFOI Act Information Commissioner 36(1)\n\nFOI Act staff member 36(1)\n\nfreedom of information functions 3\n\nInformation Access Deputy Commissioner 3\n\ninformation Act 3\n\nInformation Commissioner 3\n\ninformation official 3\n\nmember of staff 3\n\nnew Information Commissioner 36(1)\n\nPrivacy Deputy Commissioner 3\n\nprivacy functions 3\n\nspecified 45(1)\n\ntransitional matter 45(1)\n\ntransition day 36(1)\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act consolidates and expands the institutional architecture for information governance: freedom‑of‑information and privacy functions are placed under a single Information Commissioner with two deputies (see ss25–27). The existing FOI Commissioner and staff are transitioned into the new structure (s37–39), and Parts of the Freedom of Information Act 1992 are deleted or amended with a new Part 5A (ss55–63, 97A–97C). Administrative and financial arrangements are also altered via amendments to the Financial Management Act 2006 and related provisions (ss50–53)."},"complexity_factors":["Creates three separate statutory offices with overlapping and distinct functions (Information Commissioner, Information Access Deputy Commissioner, Privacy Deputy Commissioner).","Reallocates FOI and privacy functions across multiple Acts and inserts detailed performance rules (interaction of this Act with Freedom of Information Act 1992 and Privacy and Responsible Information Sharing Act 2024).","Extensive transitional regime converting existing FOI structures and staff and transferring records and proceedings (Part 6, especially ss36–45).","Multiple cross‑amendments to other statutes, including Financial Management Act 2006 and State Records Act 2000 (Part 7 Divs 3–6), changing administrative and accountable authority arrangements.","Delegation limits and specific non‑delegable powers (s28 and amendments inserting s97C into FOI Act) increase decision‑allocation complexity.","Governor’s powers over appointment, suspension, remuneration, acting appointments and outside employment create discretionary points that affect independence and continuity (ss5–7, 21–24).","Regulation‑making power for transitional matters including prospective retrospective effects (s45) creates implementation and legal‑certainty risks.","Operational arrangements for staffing (appointment, use of public service staff, engagement of service providers) require interagency contracts and cost allocation (ss29–31, s39)."],"plain_english_summary":"This Act creates an Information Commissioner and two deputies (an Information Access Deputy Commissioner and a Privacy Deputy Commissioner), sets out their appointment, powers and protections, and brings freedom‑of‑information and privacy functions into that new office. It provides for staff, reporting, secrecy and liability rules, delegation limits, transitional arrangements for the existing FOI office, and makes consequential amendments to the Freedom of Information Act 1992 and other statutes. It affects State agencies, officials who handle information, and people seeking access to or protection of government-held personal data."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears tightly scoped to its original purpose of establishing the new Commissioner structure and enabling the transition from the old FOI Commissioner model. While it amends multiple Acts, these are strictly consequential amendments necessary to implement the new structure. The scope has not expanded beyond the establishment of the three offices and the necessary legal machinery to make them operational."},"complexity_factors":["Extensive cross-referencing to three other Acts (*Freedom of Information Act 1992*, *Privacy and Responsible Information Sharing Act 2024*, *Financial Management Act 2006*)","Complex commencement provisions with conditional triggers (section 2) including dependencies on the *Criminal Law (Mental Impairment) Act 2023*","Detailed transitional provisions (Part 6) preserving rights, continuing appointments, and transferring staff with specific classification mappings","Nested appointment structures with three distinct offices plus acting arrangements for each","Delegation restrictions that reference external Act provisions (*Privacy and Responsible Information Sharing Act 2024* section 143 and *Freedom of Information Act 1992* section 97C)","18 defined terms in the interpretation section, several referencing external legislation","Amendments spread across 6 other Acts requiring careful tracking of consequential changes"],"plain_english_summary":"This Western Australian law creates a new independent oversight body for government transparency and privacy. It establishes three new offices: the **Information Commissioner** (the boss), the **Information Access Deputy Commissioner** (handles freedom of information/FOI matters), and the **Privacy Deputy Commissioner** (handles privacy protection).\n\n**What it does:**\n- **Replaces and expands** the old FOI Commissioner role. Previously, Western Australia only had a Commissioner dealing with freedom of information requests. Now there's a three-person structure with dedicated privacy oversight.\n- **Sets up the appointment process**: The Governor appoints these Commissioners for up to 5-year terms (with one reappointment allowed). They must be lawyers with 5+ years experience or have equivalent legal qualifications.\n- **Protects independence**: Commissioners aren't public servants, their pay can't be cut during their term without consent, and they can only be removed by the Governor on addresses from both Houses of Parliament (a high bar).\n- **Handles the transition**: The current FOI Commissioner automatically becomes the new Information Access Deputy Commissioner when the law kicks in, ensuring continuity.\n- **Amends other laws**: Updates the *Freedom of Information Act 1992* to remove the old Commissioner structure and insert references to the new offices. Also updates financial management, parliamentary oversight, and records laws to reflect the new structure.\n\n**Who it affects:**\n- **Government agencies** must now deal with a new three-tier structure for FOI and privacy complaints.\n- **Citizens** making FOI requests or privacy complaints will interact with these new offices.\n- **Public servants** working in the current FOI Commissioner's office transfer to the new structure.\n\n**Why it matters:**\nThis is a major structural reform. Western Australia is catching up to other states by creating dedicated privacy oversight (the Privacy Deputy Commissioner) separate from FOI functions. It centralises transparency and privacy oversight under one \"brand\" (the Office of the Information Commissioner) while allowing specialisation. The transitional provisions ensure no cases fall through the cracks when the switch happens."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed. The legislative text was unavailable due to a broken or removed URL. No comparison between original intent and final form is possible."},"complexity_factors":["No legislative text was provided — only an error/redirect page","Complexity cannot be meaningfully assessed without the actual content","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"Likely establishing or reforming Western Australia’s Information Commissioner, this Act would govern how government agencies handle public access to information and possibly privacy oversight. Because the official text is unavailable, it’s not possible to say who is covered, what rights or duties it creates, or how it enforces them. Check the WA Parliamentary Counsel’s Office website for the full statute before relying on it."}},"importantCases":[],"_links":{"self":"/api/acts/information-commissioner-act-2024","history":"/api/acts/information-commissioner-act-2024/history","analysis":"/api/acts/information-commissioner-act-2024/analysis","conflicts":"/api/acts/information-commissioner-act-2024/conflicts","importantCases":"/api/acts/information-commissioner-act-2024/important-cases","documents":"/api/acts/information-commissioner-act-2024/documents"}}