12Functions and powers of the Privacy Commissioner

#### 12 Functions and powers of the Privacy Commissioner (1) The Privacy Commissioner has the privacy functions. (2) The Privacy Commissioner may also perform the freedom of information functions (whether or not the Privacy Commissioner holds the qualifications mentioned in subsection 14(3)). (3) The Privacy Commissioner has power to do all things necessary or convenient to be done for or in connection with the performance of functions conferred by this section. (4) However, the following actions may only be undertaken with the approval of the Information Commissioner: (a) performing the functions, and exercising the powers, conferred on the Commissioner by Part IIIB of the Privacy Act 1988; (c) the making of guidelines under paragraph 28(1)(a) or (b) of the Privacy Act 1988, or the variation or revocation of those guidelines; (d) the issue, variation or revocation of rules under: (i) section 17 of the Privacy Act 1988; or (ii) section 12 of the Data‑matching Program (Assistance and Tax) Act 1990; or (iii) section 135AA of the National Health Act 1953; (e) the making of a report or recommendation to the Minister in relation to any matter that concerns the need for or the desirability of legislative or administrative action in the interests of the privacy of individuals under paragraph 28B(1)(c) of the Privacy Act 1988; (g) advising the Minister whether an exclusion from the application of Division 3 of Part VIIC of the Crimes Act 1914 should be granted and whether there should be any restrictions on the circumstances in which an exclusion would apply under paragraph 85ZZ(1)(b) of that Act. (5) If the Privacy Commissioner performs a function, or exercises a power, expressed by an Act (or an instrument under an Act) to be conferred on the Information Commissioner: (a) the Privacy Commissioner must perform the function or exercise the power upon his or her 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 (b) the function or power is taken to have been performed or exercised by the Information Commissioner; and (c) neither the Information Commissioner, nor the Freedom of Information Commissioner, is prevented from performing the same function, or exercising the same power, on another occasion (in relation to a different matter).