205Modifications relating to National Education and Care Services Freedom of Information Commissioner and staff

205 Modifications relating to National Education and Care Services Freedom of Information Commissioner and staff

205 Modifications relating to National Education and Care Services Freedom of Information Commissioner and staff

The FOI Act applies as if it were modified—

(a) to provide that a reference to the Office of the Australian Information Commissioner is taken to be a reference to the Office of the National Education and Care Services Freedom of Information Commissioner established by the Ministerial Council and consisting of—

(i) the National Education and Care Services Freedom of Information Commissioner; and

(ii) the staff employed by the National Education and Care Services Freedom of Information Commissioner; and

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

(c) to provide that a reference to the National Education and Care Services Freedom of Information 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

(d) to provide that the National Education and Care Services Freedom of Information 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

(e) to provide that the National Education and Care Services Freedom of Information 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