2019-02-12 Attachment 3 to Item 5 - Delegations No Changes

DESCRIPTION OF POWER DELEGATED                                                         LEGISLATION

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, as a participant in an external review, to apply to the information Section 111(2)
commissioner 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 Section 119
against a decision of the information commissioner on the external review.
Power to make an application to the information commissioner to extend the 10 Schedule 4,
year period during which disclosure of certain information cannot be made.    Part 4,
                                                                              section1(3)


Part 2 - To exercise the powers as the Principle Officer pursuant to the Right to Information Act
2009 including the authority to:

DESCRIPTION OF POWER DELEGATED                                                         LEGISLATION
Power to delegate provided under section 30(2) of the Right to Information Act
2009.
Additionally, section 27A (12) of the Acts Interpretation Act 1954 prevents sub-
delegation.

Power to deal with an access application.                                              Section 30(1)



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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