196Modifications relating to National Education and Care Services Privacy Commissioner and staff

196 Modifications relating to National Education and Care Services Privacy Commissioner and staff

196 Modifications relating to National Education and Care Services Privacy Commissioner and staff

The Privacy Act applies as if it were modified—

(a) to provide that a reference to the Information Commissioner is taken to be a reference to the National Education and Care Services Privacy Commissioner; and

(b) to provide that a reference to the National Education and Care Services Privacy Commissioner is taken to be a reference to the person appointed to that office by the Ministerial Council with the remuneration, and on the terms and conditions, decided by the Council; and

(c) to provide that the National Education and Care Services Privacy Commissioner may only be removed from office by the Ministerial Council on the grounds of—

(i) misconduct; or

(ii) physical or mental incapacity that significantly impacts on the ability of the Commissioner to perform his or her functions; or

(iii) a finding of guilt for an offence committed in a participating jurisdiction or elsewhere that the Ministerial Council considers makes the Commissioner unfit to continue to hold office as Commissioner; or

(iv) a failure by the Commissioner to carry out his or her functions under the Law; and

(d) so that the functions of the National Education and Care Services Privacy Commissioner did not include matters relating to the issuing of guidelines under Commonwealth legislation or matters relating to tax file numbers or credit reporting; and

(e) to provide that the National Education and Care Services Privacy Commissioner may, for the purposes of performing the Commissioner’s functions—

(i) employ staff; and

(ii) engage contractors or consultants; and

(iii) enter into arrangements with another entity relating to the provision of staff or other resources by that entity to the Commissioner; and

(f) to provide that the National Education and Care Services Privacy Commissioner may, in writing, delegate to any member of the staff of the Office of the National Education and Care Services Privacy Commissioner or to any person employed under, and subject to the obligations in, a public sector law of a participating jurisdiction all or any of the Commissioner’s powers under the Privacy Act other than—