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.