24Report on compliance with Information Act

24 Report on compliance with Information Act

24 Report on compliance with Information Act

(1) Where, in an investigation under this Act, the Commissioner finds that any conduct of an agency the subject of the investigation is conduct that constitutes a failure to exercise its functions properly in accordance with any provision of an Information Act, the Commissioner must report the matter—

(a) to the Minister responsible for the agency, and

(b) to the principal officer of the agency, and

(c) where the conduct concerns the conduct of a Public Service employee, to the Secretary of the Premier’s Department.

(2) The Commissioner may give a copy of the report—

(a) where the investigation arises out of a complaint to the Commissioner, to the complainant, and

(b) to the agency to whose conduct the report relates.

(3) An agency to whose conduct the report relates who is given a copy of the report may, and on request by the Commissioner must, notify the Commissioner of any action taken or proposed in consequence of the report.

s 24: Am 2014 No 33, Sch 3.7 [3]; 2023 No 35, Sch 4.12[1].