101C Functions of commissioner

(1) The functions of the commissioner are to investigate and review decisions of agencies and Ministers of the following kinds—

(a) a decision under section 20 as to whether a person’s opinion is correct and a decision under section 20 not to publish statements of affairs or as to whether a statement of affairs complies with part 2;

(b) a decision under section 29, 29B or 54B refusing to deal with an application;

(d) a decision giving access to documents subject to the deletion of exempt matter or matter an agency or Minister considers is irrelevant matter;

(e) a decision giving access to a document of a kind applied for by the applicant but not to all documents of the kind applied for by the applicant;

(f) a decision giving access to documents in a form different to the form applied for by the applicant, unless access in the form applied for would involve an infringement of the copyright of a person other than the State;

(g) a decision deferring providing access to documents;

(h) a decision about whether an application fee is payable;

(i) a decision that a processing charge or access charge is payable under a final assessment notice if—

(i) the applicant considers that the charge is wrongly assessed; or

(ii) the applicant considers that the charge should be waived because the applicant is in financial hardship and an objection notice has been given in which the applicant contended the charge should be waived because the applicant is in financial hardship;

(j) a decision, in relation to an objection notice, that—

(i) the original charge was wrongly assessed and should be reduced on a proper assessment; or

(ii) a contention in the objection notice should be rejected;

(k) a decision—

(i) to disclose documents contrary to the views of a government, agency or person obtained under section 51; or

(ii) to disclose documents if an agency or Minister should have taken, but has not taken, steps to obtain the views of a government, agency or person under section 51;

(l) a decision not to amend information in accordance with an application under section 53;

(m) a decision mentioned in section 59(6);

(n) a decision that this Act, or a part of this Act, does not apply to an entity—

(i) because the entity is not an agency for this Act; or

(ii) because of section 11 or 12 or another Act;

(o) a decision that this Act, or a part of this Act, does not apply to a document because of section 11, 11A, 11B, 11C or 12 or another Act;

(p) a decision that a person is not entitled to access to a document because of section 11E.

(2) For subsection (1)(i), it does not matter whether the processing charge or access charge has already been paid.

(3) The functions of the commissioner also include—

(a) investigating and reviewing the grounds for a decision to issue a certificate under section 36, 37, 42 or 42A; and

(b) investigating and reviewing whether, in relation to a decision mentioned in subsection (1)(c) or (e), agencies and Ministers have taken reasonable steps to identify and locate documents applied for by applicants; and

(d) providing information and help to agencies and members of the public on matters relevant to part 5 or 5A of this Act.

(4) The commissioner has power to do all things that are necessary or convenient to be done for or in connection with the performance of the commissioner’s functions.