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Freedom of Information Act, 2018 - 6.
(2) A person shall not be appointed as the Commissioner if he or she:
(a) is a member of the National Assembly;
(b) holds or is acting in a public office;
(c) is an undischarged bankrupt, having been declared bankrupt under any law;
(d) holds an official office in, or is an employee of a political party,
(e) has been convicted, of a violent crime or a crime of dishonesty or theft.
(3) The Commissioner shall hold office for a term of three years, and may be reappointed to serve a maximum of two terms.
(4) The Commissioner may be removed from office by the Governor-General for
inability to exercise the functions of his office, whether arising from infirmity of body or
mind or any other cause, or for misbehaviour, on the recommendation of Prime Minister
and after consultation with the Premier and the Leader of the Opposition.
36. Independence and powers.
(1) In exercise of his or her functions under this Act, the Commissioner shall not be
subject to the direction or control of any person or authority.
(2) All officers and employees of the office of the Commissioner and any person
authorised to perform any functions under this Act shall be under the control and direction
of the Commissioner and perform their functions without fear, favour or prejudice and no
person or authority shall interfere with or exert undue influence on them in the exercise of
their powers or in the performance of their professional functions.
37. Functions of the Commissioner.
In addition to any other functions under this Act, the functions of the Commissioner
shall be
(a) to monitor and report on the compliance by public authorities with their
obligations;
(b) to make recommendations for reform of a general or specific nature to facilitate
compliance with this Act;
(c) to undertake or promote the training of officials of public authorities and other
persons on the right to information and the effective implementation of this
Act;
(d) to refer to the appropriate authorities cases which reasonably disclose evidence
of criminal offences; and
(e) to publicise the requirements of this Act and the rights and obligations under
the Act.
38.
Staff.
There shall be appointed, in accordance with the laws governing appointments to
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