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 > > > (f) to provide that the National Education and Care Services Freedom of Information Commissioner may, in writing, delegate to any member of the staff of the Office of the National Education and Care Services Freedom of Information 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 FOI Act other than the following— > > > > > (iaa) the power conferred under section 8(3) of that Act as modified under regulation 209(ja); > > > > > (iab) the power conferred under section 11C(2) of that Act as modified under regulation 209(ja); > > > > > (i) the function conferred under section 55H of that Act; > > > > > (ii) the function conferred under section 55K of that Act; > > > > > (iii) the function conferred under section 55Q of that Act; > > > > > (iv) the function conferred under section 73 of that Act; > > > > > (v) the function conferred under section 86 of that Act; > > > > > (vi) the functions conferred under sections 89 and 89A of that Act; > > > > > (vii) the function conferred under section 89K of that Act; > > > > > (viii) issuing guidelines under section 93A of that Act; > > > > > (ix) the submission of an annual report under section 93C of that Act as modified under regulation 207. > > **Reg 205:** Am 2023 (399), reg 77.