25Delegation by the Information Commissioner

25 Delegation by the Information Commissioner

(1) Subject to subsection (2), the Information Commissioner may delegate, in writing, all or any of his or her functions or powers to a member of staff of the Office of the Australian Information Commissioner, other than the following: (a) the information commissioner functions conferred by paragraph 7(a) (reporting to the Minister); (b) preparing the report mentioned in section 30; (c) issuing guidelines as mentioned in paragraph 8(e); (d) the function conferred by section 55H of the Freedom of Information Act 1982 (referring questions of law in a review to the Federal Court of Australia); (f) the function conferred by section 55Q of the Freedom of Information Act 1982 (correcting errors in IC review decisions); (i) the function conferred by sections 89 and 89A of the Freedom of Information Act 1982 (implementation notices and reports); (j) the function conferred by section 89K of the Freedom of Information Act 1982 (making a vexatious applicant declaration); (k) issuing rules under section 17 of the Privacy Act 1988. (2) The Information Commissioner may only delegate the following functions or powers to a member of staff of the Office of the Australian Information Commissioner who is an SES employee, or an acting SES employee, or who holds, or is acting in, a position that is equivalent to, or higher than, a position occupied by an SES employee: (a) the function conferred by section 55K of the Freedom of Information Act 1982 (making a decision on an IC review); (b) the function conferred by section 73 of the Freedom of Information Act 1982 (discretion not to investigate a complaint); (c) the function conferred by section 86 of the Freedom of Information Act 1982 (obligation to notify on completion of investigation); (d) making determinations for the purposes of section 52 of the Privacy Act 1988.