243New section 6JA inserted

243 New section 6JA inserted

After section 6J of the Freedom of Information Act 1982 insert—

"6JA Cultural safety guidelines and procedures

(1) The Information Commissioner, after consultation with the First Peoples' Assembly, must establish written guidelines and procedures to promote and safeguard cultural safety in the exercise of powers and performance of functions in relation to Gellung Warl—

(a) under this Act by the Information Commissioner and the Public Access Deputy Commissioner; and

(b) under the Privacy and Data Protection Act 2014 by the Information Commissioner and the Privacy and Data Protection Deputy Commissioner.

(2) The Information Commissioner may request the Treaty Authority provide advice for the purposes of establishing the guidelines and procedures.

(3) Guidelines and procedures established under this section are not binding on the Information Commissioner, or the Public Access Deputy Commissioner or the Privacy and Data Protection Deputy Commissioner and a failure to comply with them does not, of itself—

(b) affect the validity of any act or decision, or otherwise make unlawful any exercise of power or performance of functions, of the Information Commissioner, the Public Access Deputy Commissioner or the Privacy and Data Protection Deputy Commissioner under this Act, the Privacy and Data Protection Act 2014 or any other Act, or provide grounds for review of any act or decision.

Privacy and Data Protection Deputy Commissioner has the same meaning as in section 3 of the Privacy and Data Protection Act 2014;

Treaty Authority has the same meaning as in the Statewide Treaty Act 2025.".