Powers of the Information Commissioner

The FOI Act provides the Information Commissioner with significant powers to allow her to carry out her function of reviewing the decisions of public bodies. If she considers a decision to be inadequate, she may, under section 35 require that a new one be issued.

Under section 37, she may also require any person who she considers has information relevant to a case or investigation to provide it to her. Furthermore, she may require the person to attend before her to present the information. She can enter any premises occupied by a public body and require any person found on the premises to provide her with records (documents) which she may copy and retain for a reasonable period.

Anyone who hinders the Commissioner in the performance of her review or investigative functions is guilty of an offence and, in accordance with section 37, may have a fine imposed or be imprisoned for a term not more than 6 months.