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2.6
Clause 6 of the Bill establishes the Online Safety Commission (‘Commission’),
consisting of the Commissioner who is appointed by the Minister for a period
not exceeding 3 years, and such other staff as necessary and as appointed by
the Commission. Clause 6 of the Bill also provides that the Commissioner is
remunerated according to rates determined by the Minister.
2.7
Clause 7 of the Bill provides for the sources of funds for the Commission.
2.8
Clause 8 of the Bill outlines the functions of the Commission which includes the
promotion of online safety, cooperation with other key agencies and organisations
and the receipt, assessment and investigation of complaints lodged by individuals
in relation to electronic communication causing harm or intended to cause harm.
2.9
Clause 9 of the Bill outlines the powers of the Commission which includes the
power to request for information or expert advice for the purposes of assessing
or investigating a complaint. Clause 9 also enables the Commission to regulate
its own procedures subject to the new legislation.
2.10 Clause 10 of the Bill requires the Commissioner, any staff member of the
Commission, and any agent, consultant or person engaged by the Commission
to disclose any interest in any matter that the Commission may be deliberating
on or investigating. Upon disclosure of interest, that person is not allowed to
take part in any discussion or investigation by the Commission, in so far as his
or her disclosed interest is concerned. Clause 10 of the Bill also expands on a
person’s interest to include instances where an immediate family member of
that person has an interest in the matters mentioned.
2.11
Clause 11 of the Bill requires the Commissioner, any staff member of the
Commission and any agent, consultant or person engaged by the Commission,
to maintain confidentiality with regards to any matter relating to the affairs or
performance of the functions of the Commission with exception to instances
where disclosure is necessary for the performance of a function under the
new legislation producing evidence in civil or criminal proceedings or for the
reporting or assisting in the investigation of a suspected offence.
2.12
Clause 12 of the Bill provides the Commission, the Commissioner, any staff of
the Commission and any agent, consultant or person engaged by the Commission
protection from liability for the performance of duties or exercise of powers
carried out in good faith or in accordance with powers and functions provided
under the new legislation.
2.13
Clause 13 of the Bill allows a person to lodge a complaint with the Commission
where the person believes that the person is the subject or targeted recipient of
an electronic communication intended or likely to cause harm. Clause 13 also
allows a parent or legal guardian, or representative to lodge a complaint on
behalf of the child or a person suffering from mental incapacity.
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