Contracts, agreements, arrangements and other instruments 3
Appeals against decisions under Freedom of Information Act 1992 3
Operation of transitional provisions 4
Notes
Compilation table 5
Defined terms
Information Commissioner Act 2024
Information Commissioner Regulations 2025
1. Citation
These regulations are the *Information Commissioner Regulations 2025*.
2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;
(b) the rest of the regulations — on 1 July 2025.
3. Terms used
(1) In these regulations —
asset —
(a) means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description; and
(b) includes any money, security, chose in action or document;
liability means any liability, duty or obligation whether actual, contingent or prospective, liquidated or unliquidated, or whether owed alone or jointly or jointly and severally with any other person;
office of the FOI Act Information Commissioner means the office in existence before transition day known as the Office of the Information Commissioner;
office of the new Information Commissioner means the department of the Public Service of which the new Information Commissioner is the chief executive officer under the Public Sector Management Act 1994;
right means any right, power, privilege or immunity whether actual, prospective or contingent.
(2) If a term used in these regulations is given a meaning in section 36 of the Act, it has the same meaning in these regulations.
4. Assets, rights and liabilities
(1) At the beginning of transition day —
(a) the assets and rights of the FOI Act Information Commissioner immediately before transition day are assigned to and become assets and rights of the office of the new Information Commissioner for and on behalf of the State; and
(b) the liabilities of the FOI Act Information Commissioner immediately before transition day are assigned to and become liabilities of the office of the new Information Commissioner for and on behalf of the State.
(2) Subject to sections 41 and 42 of the Act, on and from transition day —
(a) any proceedings that immediately before transition day might have been brought or continued by the FOI Act Information Commissioner may be brought or continued by the new Information Commissioner, or the office of the new Information Commissioner for and on behalf of the State, as is appropriate in the circumstances; and
(b) any remedy that immediately before transition day might have been available against or to the FOI Act Information Commissioner is available against or to the new Information Commissioner, or the office of the new Information Commissioner for and on behalf of the State, as is appropriate in the circumstances.
5. Contracts, agreements, arrangements and other instruments
(1) This regulation applies to a contract, arrangement or understanding (a relevant agreement) in effect immediately before transition day —
(a) to which the FOI Act Information Commissioner or the office of the FOI Act Information Commissioner is a party; or
(b) that contains a reference to the FOI Act Information Commissioner or the office of the FOI Act Information Commissioner.
(2) If the FOI Act Information Commissioner or office of the FOI Act Information Commissioner is a party to the relevant agreement, the relevant agreement has effect on and from transition day as if the office of the new Information Commissioner, acting for and on behalf of the State, were substituted for that party.
(3) The relevant agreement has effect on and from transition day as if —
(a) any reference in the agreement to the FOI Act Information Commissioner were, unless the context otherwise requires, a reference to the new Information Commissioner; and
(b) any reference in the agreement to the office of the FOI Act Information Commissioner were, unless the context otherwise requires, a reference to the office of the new Information Commissioner.
6. Appeals against decisions under Freedom of Information Act 1992
(1) This regulation applies if, immediately before transition day, an appeal has been brought in relation to a decision of the FOI Act Information Commissioner under the Freedom of Information Act 1992 section 85(1), (2)(a) or (4) and has not yet been determined.
(2) On and from transition day, if the Supreme Court remits the matter under the Freedom of Information Act 1992 section 87(1)(c)(ii), the Court may remit the matter to the new Information Commissioner or the Information Access Deputy Commissioner, as the Court thinks fit.
7. Operation of transitional provisions
The operation of Part 6 of the Act and regulations 4 to 6 must not be regarded as —
(a) a breach of contract or confidence or otherwise as a civil wrong; or
(b) a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities or the disclosure of information; or
(c) giving rise to any right to damages or compensation; or
(d) giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability; or
(e) causing any contract or instrument to be void or otherwise unenforceable; or
(f) releasing or allowing the release of any surety.
Image unavailable in extracted text
Notes
This is a compilation of the Information Commissioner Regulations 2025. For provisions that have come into operation see the compilation table.
Compilation table
Citation
Published
Commencement
Information Commissioner Regulations 2025
SL 2025/120 25 Jun 2025
r. 1 and 2: 25 Jun 2025 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2025 (see r. 2(b))
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined term Provision(s)
asset 3(1)
liability 3(1)
office of the FOI Act Information Commissioner 3(1)
This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.