113 Disciplinary action

(1) If the information commissioner, at the completion of an external review, is of the opinion that—

(a) there is evidence that an agency's officer has committed a breach of duty or misconduct in the administration of this Act; and

(b) the evidence is, in all the circumstances, of sufficient force to justify doing so;

the commissioner must bring the evidence to the notice of—

(c) if the person is the principal officer of an agency—the responsible Minister of the agency; or

(d) in any other case—the principal officer of the agency.

(2) Also, if the commissioner, at the completion of an external review, is of the opinion that—

(a) there is evidence that a person subject to the direction of a Minister under section 31 has committed a breach of duty or misconduct in the administration of this Act; and

(b) the evidence is, in all the circumstances, of sufficient force to justify doing so;

the commissioner must bring the evidence to the notice of the Minister.

(3) In this section—

responsible Minister means—

(a) in relation to a department—the Minister administering the department; or

(b) in relation to the town commission constituted under the Alcan Queensland Pty. Limited Agreement Act 1965—the Minister administering that Act; or

(c) in relation to another local government—the Minister administering the Local Government Act 2009; or

(d) in relation to a government owned corporation or a subsidiary of a government owned corporation—the Minister administering the Government Owned Corporations Act 1993; or

(e) in relation to a public authority mentioned in section 16(1)(a), (c)(ii) or (ca)—the Minister administering the Act by or under which the public authority is established; or

(f) in relation to a public authority mentioned in section 16(1)(d)—the Minister administering the Act by which the office is established; or

(g) in relation to any other public authority—the Minister declared by regulation to be the responsible Minister in relation to the public authority.