Information Commissioner Act 2024 00-a0-00 Xml

Western Australia

Information Commissioner Act 2024

Contents

Part 1 — Preliminary

1.Short title2

2.Commencement2

3.Terms used3

4.Act binds Crown4

Notes

Compilation table5

Uncommenced provisions table5

Other notes5

Defined terms

Western Australia

Information Commissioner Act 2024

An Act —

·to establish and make provision for the offices of Information Commissioner, Information Access Deputy Commissioner and Privacy Deputy Commissioner; and

·to make related and consequential amendments to the Freedom of Information Act 1992 and other Acts; and

·for related purposes.

Part 1 — Preliminary

1.Short title

This is the Information Commissioner Act 2024.

2.Commencement

(1)This Act comes into operation as follows —

(a)Part 1 — on the day on which this Act receives the Royal Assent (assent day);

(b)Part 5 (but only section 35) and Part 6 — on the day after assent day;

(c)Part 7 Division 4 Subdivision 2 —

(i)if the Criminal Law (Mental Impairment) Act 2023 section 325 comes into operation on or before the day on which section 59 of this Act comes into operation under paragraph (d) — immediately after section 59 of this Act comes into operation; or

(ii)otherwise — when the Criminal Law (Mental Impairment) Act 2023 section 325 comes into operation;

(d)the rest of the Act — on the day on which the Privacy and Responsible Information Sharing Act 2024 Part 2 Division 12 comes into operation.

(2)Despite subsection (1)(d), if the Criminal Law (Mental Impairment) Act 2023 section 410(2) comes into operation before the day on which Part 7 Division 2 of this Act comes into operation, Part 7 Division 2 of this Act —

(a)does not come into operation; and

(b)is deleted.

3.Terms used

In this Act —

eligible person means a person who meets the eligibility requirements under section 18;

freedom of information functions has the meaning given in the Freedom of Information Act 1992 section 97B(1);

Information Access Deputy Commissioner means the person appointed as Information Access Deputy Commissioner under section 9(2);

information Act means —

(a)this Act; or

(b)the Freedom of Information Act 1992; or

(c)the Privacy and Responsible Information Sharing Act 2024;

Information Commissioner means the person appointed as Information Commissioner under section 5(2);

information official means a person who is or has been —

(a)the Information Commissioner; or

(b)the Information Access Deputy Commissioner; or

(c)the Privacy Deputy Commissioner; or

(d)a person appointed under section 7, 11 or 15 to act in the office of Information Commissioner, Information Access Deputy Commissioner or Privacy Deputy Commissioner; or

(e)a member of staff; or

(f)a person engaged to provide services under section 31;

member of staff means —

(a)a public service officer appointed or made available under section 29; or

(b)a person in relation to whom an arrangement under section 30(1) is in effect;

Privacy Deputy Commissioner means the person appointed as Privacy Deputy Commissioner under section 13(2);

privacy functions has the meaning given in the Privacy and Responsible Information Sharing Act 2024 section 142(1).

4.Act binds Crown

This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

[Parts 2‑7 have not come into operation.]

Notes

This is a compilation of the Information Commissioner Act 2024. For provisions that have come into operation see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Short title	Number and year	Assent	Commencement
Information Commissioner Act 2024 Pt. 1	52 of 2024	6 Dec 2024	6 Dec 2024 (see s. 2(1)(a))

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.

Short title	Number and year	Assent	Commencement
Information Commissioner Act 2024 Pt. 2 to 7 1	52 of 2024	6 Dec 2024	Pt. 5 (other than s. 32 to 34) and Pt. 6: 7 Dec 2024 (see s. 2(1)(b)); Pt. 7 Div. 4 Subdiv. 2: immediately after s. 59 comes into operation (see s. 2(1)(c)(i); Pt. 2‑4, s. 32 to 34 and Pt. 7 (other than Div. 4 Subdiv. 2): operative on the day on which the Privacy and Responsible Information Sharing Act 2024 Pt. 2 Div. 12 comes into operation (see s. 2(1)(d))

Other notes

1Pt. 7 Div. 2 of this Act did not come into operation and was deleted (see s. 2(2)).

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 termProvision(s)

assent day2(1)

eligible person3

freedom of information functions3

Information Access Deputy Commissioner3

information Act3

Information Commissioner3

information official3

member of staff3

Privacy Deputy Commissioner3

privacy functions3

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.

By Authority: GEOFF O. LAWN, Government Printer