sec.113Disciplinary action

### sec.113 Disciplinary action If the information commissioner, at the completion of an external review, is of the opinion that— there is evidence that an agency’s officer has committed a breach of duty or misconduct in the administration of this Act; and the evidence is, in all the circumstances, of sufficient force to justify doing so; the commissioner must bring the evidence to the notice of— if the person is the principal officer of an agency—the responsible Minister of the agency; or in any other case—the principal officer of the agency. Also, if the commissioner, at the completion of an external review, is of the opinion that— there is evidence that a person subject to the direction of a Minister under section 31 or 78I has committed a breach of duty or misconduct in the administration of this Act; and the evidence is, in all the circumstances, of sufficient force to justify doing so; the commissioner must bring the evidence to the notice of the Minister. In this section— responsible Minister means— in relation to a department—the Minister administering the department; or in relation to the town commission constituted under the Alcan Queensland Pty. Limited Agreement Act 1965 —the Minister administering that Act; or in relation to a local government—the Minister administering the Local Government Act 2009 ; or in relation to a government owned corporation or a subsidiary of a government owned corporation—the Minister administering the Government Owned Corporations Act 1993 ; or in relation to a public authority mentioned in section 16 (1) (a) or (ca) or declared under section 16A on the basis of the Minister being satisfied under section 16A (2) (a) (iii) —the Minister administering the Act by or under which the public authority is established; or in relation to a public authority mentioned in section 16 (1) (d) —the Minister administering the Act by which the office is established; or in relation to any other public authority—the Minister declared by regulation to be the responsible Minister in relation to the public authority. s 113 amd 2011 No. 26 s 132 ; 2012 No. 33 s 190 ; 2013 No. 19 s 120 sch 1 ; 2023 No. 32 s 124 (sec.113-ssec.1) If the information commissioner, at the completion of an external review, is of the opinion that— there is evidence that an agency’s officer has committed a breach of duty or misconduct in the administration of this Act; and the evidence is, in all the circumstances, of sufficient force to justify doing so; the commissioner must bring the evidence to the notice of— if the person is the principal officer of an agency—the responsible Minister of the agency; or in any other case—the principal officer of the agency. (sec.113-ssec.2) Also, if the commissioner, at the completion of an external review, is of the opinion that— there is evidence that a person subject to the direction of a Minister under section 31 or 78I has committed a breach of duty or misconduct in the administration of this Act; and the evidence is, in all the circumstances, of sufficient force to justify doing so; the commissioner must bring the evidence to the notice of the Minister. (sec.113-ssec.3) In this section— responsible Minister means— in relation to a department—the Minister administering the department; or in relation to the town commission constituted under the Alcan Queensland Pty. Limited Agreement Act 1965 —the Minister administering that Act; or in relation to a local government—the Minister administering the Local Government Act 2009 ; or in relation to a government owned corporation or a subsidiary of a government owned corporation—the Minister administering the Government Owned Corporations Act 1993 ; or in relation to a public authority mentioned in section 16 (1) (a) or (ca) or declared under section 16A on the basis of the Minister being satisfied under section 16A (2) (a) (iii) —the Minister administering the Act by or under which the public authority is established; or in relation to a public authority mentioned in section 16 (1) (d) —the Minister administering the Act by which the office is established; or in relation to any other public authority—the Minister declared by regulation to be the responsible Minister in relation to the public authority. - (a) there is evidence that an agency’s officer has committed a breach of duty or misconduct in the administration of this Act; and - (b) the evidence is, in all the circumstances, of sufficient force to justify doing so; - (c) if the person is the principal officer of an agency—the responsible Minister of the agency; or - (d) in any other case—the principal officer of the agency. - (a) there is evidence that a person subject to the direction of a Minister under section 31 or 78I has committed a breach of duty or misconduct in the administration of this Act; and - (b) the evidence is, in all the circumstances, of sufficient force to justify doing so; - (a) in relation to a department—the Minister administering the department; or - (b) in relation to the town commission constituted under the Alcan Queensland Pty. Limited Agreement Act 1965 —the Minister administering that Act; or - (c) in relation to a local government—the Minister administering the Local Government Act 2009 ; or - (d) in relation to a government owned corporation or a subsidiary of a government owned corporation—the Minister administering the Government Owned Corporations Act 1993 ; or - (e) in relation to a public authority mentioned in section 16 (1) (a) or (ca) or declared under section 16A on the basis of the Minister being satisfied under section 16A (2) (a) (iii) —the Minister administering the Act by or under which the public authority is established; or - (f) in relation to a public authority mentioned in section 16 (1) (d) —the Minister administering the Act by which the office is established; or - (g) in relation to any other public authority—the Minister declared by regulation to be the responsible Minister in relation to the public authority.