ANTIGUA
AND
BARBUDA
Independence
Of
and employees of
Comissioner~s
Office.
18
The Freedom of Information
Act, 2004.
No. 19 of 2004.
38. (1) In the exercise of his functions under this Act, the
Commissioner shall not be subject to the direction or control of
any person or authority.
(2) All officers and employees of the Office of the
Commissioner and any other persons authorised to perform any
functions under this Act shall be under the control and direction
of the Commissioner and shall perform their functions without
fear, favour or prejudice; and no person or authority shall interfere
with or exert undue influence on them in the exercise of their
powers or in the performance of their professional functions.
Annual reports.
39. (1) The Commissioner shall, within three months after the
end of each financial year, prepare and submit to the Minister a
report on the operations of the Office of the Commissioner during
the preceding financial year and such other information as the
Minister may direct in writing.
(2) The Minister shall cause a copy of each annual report
subrnittedpursuant td subsection (1) to be laid before the House
of Representatives as soon as practicable after he has received
the report.
Exemption from
personal liability.
40. (1) The Commissioner, any officer or enlployee of his
Office or any other person acting on behalf of or under the
direction of the Commissioner shall not be personally liable in
criminal or civil proceedings for any act done in good faith
pursuant to this Act.
(2) For the purposes of proceedings for defamation, any
information provided, whether orally or in writing, pursuant to
an investigation by or on behalf of the Commissioner under this
Act shall be treated as privileged information unless it is shown
that that information was not provided in good faith.
PART VI
ENFORCXMENT BY COMMISSIONER
Complaints to
Commissioner.
41. A person who has made a request for information may
apply in writing to the Conmissioner for a decision that a public