This section sets out the powers, duties and functions of an adjudicator in investigating or reviewing matters regarding the Commissioner as head of a public body.
Section 61 of the Freedom of Information and Protection of Privacy Act
The adjudicator's powers, duties and functions are parallel to the Commissioner’s own powers, duties and functions as specified in the particular sections of the Act. The protections provided by sections 45, 46 and 48, as well as the limitation in the role of the Ombudsman in section 50, are also in effect for the purposes of an adjudicator’s investigation or review.
The adjudicator is empowered to investigate complaints that the Commissioner has failed to fulfill any duty imposed by the Act or regulations and to investigate complaints against the Commissioner regarding matters listed in paragraphs 42(2)(a) to (d); a duty not performed; an improper time extension; inappropriate fees and a refusal to correct personal information. These powers only relate to investigations regarding complaints against the Commissioner as head of a public body.
The adjudicator does not, however, have the following powers or duties;
For orders organized by the Act's section numbers, Click here.
For a summary of Commissioner's orders and policy interpretation of key points, Click here.
Last updated: July 26, 2007