2020-09-08 S&O Agenda - Item 1 - Attachment 2 Delegations of Authority Council to Chief Executive (Updated)

DESCRIPTION OF POWER DELEGATED                                                 LEGISLATION

Power to consider, despite Council refusing access to a document to the extent Section 76(2)
that it comprises personal information of the applicant, whether it is consistent
with the primary object of the Act to give the applicant or an intermediary a
summary of the personal information on conditions of use or disclosure agreed
between Council and the intermediary, or between Council, the intermediary
and the applicant specified in section 76(2).
Power to consult, or make an agreement, with the information giver or a person Section 76(3)
other than the applicant if a summary of information under section 76(2)
includes information given by the information giver or the other person.
Power, despite Council refusing access to the document under section 47(3)(d), Section 77(2)
to direct that access to a document is to be given instead to an appropriately
qualified healthcare professional nominated by the applicant and approved by
Council.
Power to—                                                                      Section 78A
   (a) include a copy of a document, or details identifying the document and
       information about how the document may be accessed, in a disclosure
       log if that document that does not contain personal information of the
       applicant and is accessed by the applicant within the access period; or
   (b) include details identifying the document and information about how the
       document may be accessed and any applicable charge if the applicant
       has failed to access the document within the access period.
Power, as an agency, to participate in an external review.                     Section 89(1)
Power to apply to the information commissioner to participate in an external Section 89(2)
review if Council is affected by the decision the subject of the external review.
Power to apply to the information commissioner to allow Council further time to Section 93(1)
deal with the access application which has become the subject of an application
for an external review concerning a deemed decision in relation to an access
application.
Power to comply with a reasonable request from the Commissioner for further    Section 96(1)
assistance with an external review.
Power to make oral or written submissions to the Commissioner in an external   Section
review.                                                                        97(2)(b)
Power to seek the approval of the Commissioner for Council to be represented Section 97(3)
by another person in an external review and to appoint the representative.
Power to respond to a preliminary inquiry from the Commissioner.               Section 98
Power to give the applicant for external review and the commissioner an Section 99(1)
additional statement containing further and better particulars of the reasons for
the decision.




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