2017-12-12 S&O Agenda - Attachment 2 to Item 7 - Reviewed Delegations of Authority

                                                                                  ATTACHMENT 2

DESCRIPTION OF POWER DELEGATED                                                              LEGISLATION
Power to consider, despite Council refusing access to a document to the extent that it      Section 76(2)
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 other        Section 76(3)
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), to           Section 77(2)
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 to apply to the information commissioner to participate in an external review if      Section 89(2)
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 deal        Section 93(1)
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, as a participant in an external review, to apply to the information commissioner Section 111(2)
to correct an error in a written decision of the commissioner.
Power, as a participant in an external review, to make a request to the information         Section 118 (1)
commissioner to refer a question of law arising on an external review to the
Queensland Civil and Administrative Tribunal.
Power, as a participant in an external review, to appeal to the appeal tribunal against a   Section 119
decision of the information commissioner on the external review.
Power to make an application to the information commissioner to extend the 10 year          Schedule 4, Part
period during which disclosure of certain information cannot be made.                       4, section1(3)

Conditions of Delegation:
1.    The delegated officer must exercise this delegation in accordance with council; resolutions,
      policies, guidelines, procedures, industrial instruments and agreements.
2.    If the Chief Executive Officer on delegates any of these powers the delegated officer must
      exercise any delegated power in accordance with the scope and limitations of the subject
      officer’s letter of appointment and/or, position description, qualifications, technical knowledge
      and legislative requirements.
3.    In the event that there is a change to any Delegate Position as set out in the schedule of this
      instrument (Former Delegated Position) which is not then reflected in this Instrument:
      a.    for any Former Delegated Position that remains in existence and has been renamed,
            the reference in this Instrument to the Former Delegated Position will be read as a
            reference to the renamed position; and
      b.    for and Former Delegated Position that ceases to exist, the reference in this Instrument
            to the Former Delegated Position will be read as being a reference to the position that
            then most closely resembles the Former Delegated Position.



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