Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 19 (6) The commissioner may resign the office at any time by giving written notice to the Speaker. The provision that provides for the appointment of the Commissioner can be found at section 38 of The Freedom of Information and Protection of Privacy Act (FOIP). The Commissioner is an Officer of the Legislature and is independent of government. Section 38 of FOIP provides in part that the Commissioner: • Is appointed by order of the Legislative Assembly. • Is appointed for a term of five years. • Can be extended an additional term of five years. Sections 38, 39 and 40 of FOIP also provide that the Commissioner may resign or may be removed or suspended for cause, incapacity to act, neglect of duty or misconduct. The Commissioner’s office is made up of employees appointed by the Commissioner in order to exercise the powers and perform the duties of the commissioner effectively. Employees of the Commissioner’s office are employees of the Legislative Assembly. Procedural Fairness Procedural fairness is concerned with the procedures used by a decision-maker, rather than the actual outcome reached. It requires a fair and proper procedure be used when making a decision. It is highly likely that a decision-maker who follows a fair procedure will reach a fair and correct decision.24 Procedural fairness involves decision-makers: • Informing parties of the case against them. • Giving parties the opportunity to be heard. • Remaining neutral. 24 Ombudsman Western Australia, Guidelines, Procedural Fairness (natural justice), May 2009.
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