6CTransfer of complaints to Information Commissioner

#### 6C Transfer of complaints to Information Commissioner Scope (1) This section applies if the Ombudsman is satisfied of either of the following: (a) that: (i) a complainant has complained, or could complain, to the Information Commissioner about an action taken by a Department or prescribed authority under Part V of the Privacy Act 1988 or Part VIIB of the Freedom of Information Act 1982; and (ii) the action could be more appropriately or effectively dealt with by the Information Commissioner; (b) a complaint about an action taken by a Department or prescribed authority has been the subject of a completed investigation by the Information Commissioner under Part V of the Privacy Act 1988 or Part VIIB of the Freedom of Information Act 1982. Requirement to consult with Information Commissioner (2) The Ombudsman: (a) must consult the Information Commissioner about the complaint with a view to avoid inquiries being conducted into that matter by both the Information Commissioner and the Ombudsman; and (b) may decide not to investigate the action, or not to continue to investigate the action. Transfer to Information Commissioner (3) If the Ombudsman decides not to investigate, or not to continue to investigate, an action under paragraph (2)(b), the Ombudsman must: (a) transfer the complaint to the Information Commissioner; and (b) notify the complainant in writing that the complaint has been transferred; and (c) give the Information Commissioner any information or documents that relate to the complaint in the possession, or under the control of, the Ombudsman. (4) A complaint transferred under subsection (3) is taken to be a complaint made to the Information Commissioner under Part V of the Privacy Act 1988 or Part VIIB of the Freedom of Information Act 1982, as the case requires. 61 Subsection 19(4) Omit “paragraph (1)(a) or under subsection (2)”, substitute “subsection (1) or (2)”. 62 Subparagraph 19R(3)(b)(iii) Omit “(4A)”, substitute “(4D)”. 63 Subsection 19R(4) (table item 4, column 2) Omit “6(4A)(e) or (4D)(e)”, substitute “6(4D)(e)”. 64 Subsection 35(6A) Omit “6(4A)(e) or (4D)(e)”, substitute “6(4D)(e)”. Part 3—Application and transitional provisions 65 Application—Part 1 Internal review and IC review (1) An amendment made by an item in Part 1 (other than an amendment covered by subitem (2), (3) or (4)) applies in relation to the following: (a) requests for access made under section 15 of the Freedom of Information Act 1982 that are received at or after the commencement of that item; (b) applications under section 48 of that Act that are received at or after the commencement of that item. Tribunal review (2) The amendments made by items 44 and 46 apply in relation to applications to the Tribunal under section 57A of the Freedom of Information Act 1982 (as amended by this Act) made at or after the commencement of those items. Investigation by the Information Commissioner (3) The amendments made by item 49 to insert new Part VIIB of the Freedom of Information Act 1982 apply in relation to action taken by an agency (within the meaning of the Freedom of Information Act 1982, as amended by this Schedule) before, at or after the commencement of that item. Indemnity amendments (4) The following amendments apply in relation to the publication of, or the giving of access to, a document at or after the commencement of those amendments: (a) the amendment made by item 50 to insert new section 90 of the Freedom of Information Act 1982; (b) the amendments made by items 51, 52 and 56. 66 Application—Part 2 The amendments made by Part 2 apply in relation to a complaint made to the Ombudsman under the Ombudsman Act 1976 at or after the commencement of that Part (whether or not the action to which the complaint relates was taken before, at or after that commencement). 67 Savings—complaints on foot continue under old law (1) This item applies if: (a) before the commencement of Part 2, a complaint is made to the Ombudsman under the Ombudsman Act 1976; and (b) at the commencement of that Part, the Ombudsman has not informed the complainant of the result of the complaint under section 12 of that Act. (2) Despite the amendments made to the Ombudsman Act 1976 by Part 2, the Ombudsman must continue to deal with the complaint under the Ombudsman Act 1976 as if those amendments had not been made. Schedule 5—Amendments consequential on the establishment of the Office of the Australian Information Commissioner Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 1 Subparagraph 212(2)(a)(vi) Omit “Privacy Commissioner”, substitute “Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010)”. Australian Citizenship Act 2007 2 Paragraph 43(2)(g) Omit “Privacy Commissioner”, substitute “Information Commissioner”. Australian Human Rights Commission Act 1986 4 Subsection 3(1) (definition of Privacy Commissioner) Repeal the definition. 5 Paragraphs 20(4A)(b), (c) and (e) Omit “Privacy Commissioner”, substitute “Information Commissioner”. 6 Subsection 20(4B) Omit “Privacy Commissioner”, substitute “Information Commissioner”. 7 Section 43A Omit “Privacy Commissioner” (wherever occurring), substitute “Information Commissioner”. Note: The heading to section 43A is altered by omitting “Privacy Commissioner” and substituting “Information Commissioner”. 8 Section 43A Omit “Privacy Act 1988”, substitute “Australian Information Commissioner Act 2010”. Aviation Legislation Amendment (2008 Measures No. 2) Act 2009 9 Subsections 4(1), (2) and (4) Omit “Privacy Commissioner”, substitute “Information Commissioner”. Note: The heading to section 4 is altered by omitting “Privacy Commissioner” and substituting “Information Commissioner”. 10 Subsection 4(4) Omit “, and may delegate any matter to a member of his or her staff as provided for by section 99 of that Act”. Child Care Act 1972 11 Subsection 12P(3) Omit “Privacy Commissioner”, substitute “Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010)”. Crimes Act 1914 12 Paragraph 3ZQJ(2)(c) Omit “Privacy Commissioner”, substitute “Information Commissioner”. 13 Paragraph 23YDAE(2)(g) Omit “Privacy Commissioner”, substitute “Information Commissioner”. 14 Paragraph 23YO(2)(g) Omit “Privacy Commissioner”, substitute “Information Commissioner”. 15 Subsection 23YUK(4) (paragraph (b) of the definition of independent review) Omit “nominee of the Privacy Commissioner”, substitute “a person nominated by the Information Commissioner in the performance of the privacy functions (within the meaning of the Australian Information Commissioner Act 2010)”. 16 Subsection 23YV(4) (paragraph (b) of the definition of independent review) Omit “nominee of the Privacy Commissioner”, substitute “a person nominated by the Information Commissioner in the performance of the privacy functions (within the meaning of the Australian Information Commissioner Act 2010)”. 17 Division 5 of Part VIIC (heading) Repeal the heading, substitute: