Senator Faulkner also noted in March 2009 that the then proposed reforms were not a final step because “new patterns of democratic engagement require new ways to inform debate and decision-making. (b)  are not freedom of information functions. The day this Act receives the Royal Assent. Find all videogalleries including political news, current affairs and news headlines online on Australian Information Commissioner today. Scope of your request. (2)  The person is not liable to an action, suit or proceeding in relation to an act done or omitted to be done in good faith in the exercise or purported exercise of any power or authority conferred for the purposes of an information commissioner function, a freedom of information function or a privacy function. These are as follows: (a)     an offence for unauthorised dealings with information; (b)     the requirements for annual reports; 29  Unauthorised dealing with information, (a)  the person makes a record of, discloses or otherwise uses information; and. 35�� Information officer etc. ������������������������ (1)�� A person commits an offence if: ���������������������������������������� (a)�� the person makes a record of, discloses or otherwise uses information; and. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. The legislation history in endnote 3 provides information about each law that has amended the compiled law. Office of the Australian Information Commissioner 1w We have released a new tool to help the community access government information by directing them to the right agency or process. OFFICE OF THE AUSTRALIAN INFORMATION COMMISSIONER - ANNUAL REPORT 2018-19 . ������������������������ (3)�� For the purposes of the Public Service Act 1999: ���������������������������������������� (a)�� the information officers and staff of the Office of the Australian Information Commissioner together constitute a Statutory Agency; and. (1)  This section applies to a person if: (a)  the person is an information officer; or. Application, saving and transitional provisions for provisions and amendments. Part 3���Appointments and staffing for the Office of the Australian Information Commissioner, ���������������������������� (a)�������� the appointment of the information officers; and. (3)  The Freedom of Information Commissioner has power to do all things necessary or convenient to be done for or in connection with the performance of functions conferred by this section. This Part deals with a number of other matters relevant to the operation of the Office of the Australian Information Commissioner. ������������������������ (2)�� A person appointed to act during a vacancy mentioned in paragraph (1)(a) must not act for more than 12 months. (4)  For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (a)  the Office of the Australian Information Commissioner is a listed entity; and, (b)  the Information Commissioner is the accountable authority of the Office of the Australian Information Commissioner; and. Legislation history and amendment history—Endnotes 3 and 4. The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes. ������������������������ (6)�� For the purposes of making a determination under subsection (5), the Committee member: ���������������������������������������� (a)�� must not be present during any deliberation of the Committee for the purpose of making the determination; and. (2)  The functions mentioned in subsection (1) include, but are not limited to, the provisions in the following table. The Privacy Act 1988 (Cth) (Privacy Act), which was enacted to give effect to Australia’s agreement to implement the OECD Guidelines on the Protection … 3A�� Meaning of Information Commissioner in any Act. (1)  There is to be an Information Advisory Committee, with the function of assisting and advising the Information Commissioner in matters relating to the performance of the information commissioner functions. ������������������������������������ In this Act: agency has the meaning given by the Freedom of Information Act 1982. ������������������������ (2)�� An information officer is to be paid the allowances that are prescribed by the regulations. (ii)  administrative action necessary or desirable in relation to the operation of that Act; (g)  monitoring, investigating and reporting on compliance by agencies with the Freedom of Information Act 1982; (h)  reviewing decisions under Part VII of the Freedom of Information Act 1982; (i)  undertaking investigations under Part VIIB of the Freedom of Information Act 1982; (j)  collecting information and statistics from agencies and Ministers about the freedom of information matters (see section 31) to be included in the annual reports mentioned in section 30; (k)  any other function conferred on the Information Commissioner by the Freedom of Information Act 1982; (l)  any other function conferred on the Information Commissioner by another Act (or an instrument under another Act) and expressed to be a freedom of information function. The Office of the Australian Information Commissioner (OAIC) is an independent Australian Government agency established under the Australian Information Commissioner Act … Previous Hit Next Hit . Note:          The Information Commissioner holds an office equivalent to that of a Secretary of a Department (see the definition of Agency Head in section 7 of the Public Service Act 1999). ������������������������ (3)�� This section has effect subject to the Remuneration Tribunal Act 1973. The Information Commissioner is the head of the Office (for the purposes of the Public Service Act 1999). Only the Information Commissioner can perform the information commissioner functions. Uncommenced amendments . Read all news including political news, current affairs and news headlines online on Australian Information Commissioner today. (a)  a statement of the performance of the privacy functions conferred by section 17 and paragraph 28A(1)(d) of the Privacy Act 1988; (b)  a statement about the operation of registered APP codes under the Privacy Act 1988 that contain procedures covered by subsection (2), including details about the number of complaints made under codes, their nature and outcome. (1)  An information officer may resign his or her appointment by giving the Governor‑General a written resignation. (2)  An information officer is to be paid the allowances that are prescribed by the regulations. (1)  The freedom of information matters are as follows: (a)  information about any guidelines mentioned in paragraph 8(e) issued during the year and the matters to which those guidelines relate; (b)  the number of requests under the Freedom of Information Act 1982 to which subsection (2) applies; (c)  the number of applications under section 48 of the Freedom of Information Act 1982 received during the year and particulars of the results of those applications; (d)  particulars of the total charges collected during the year in dealing with requests and other applications whenever received; (e)  the number of applications made under Part VI of the Freedom of Information Act 1982 during the year for the internal review of decisions, and particulars of the results of those reviews; (f)  the number of applications made under Part VII of the Freedom of Information Act 1982 during the year to the Information Commissioner for the review of decisions, and particulars of the results of those reviews; (g)  the number of applications made under Part VIIA of the Freedom of Information Act 1982 during the year to the Administrative Appeals Tribunal for the review of decisions, and particulars of the results of those reviews; (h)  the number of complaints made under Part VIIB of the Freedom of Information Act 1982 during the year to the Information Commissioner, and particulars of the results of investigations undertaken as a result of those complaints; (i)  a description of any efforts made by the Information Commissioner to assist agencies to comply with the agency’s obligations under the Freedom of Information Act 1982. Privacy Commissioner means the person appointed under section 14 as the Privacy Commissioner. Division 3—Staff, consultants and delegations. (4)  The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives the report. (d)  partial access to the document (or documents) to which the request relates was granted. (1)  The privacy functions are functions conferred on the Information Commissioner by an Act (or an instrument under an Act), if the functions: (a)  relate to the privacy of an individual; and. ������������������������ (2)�� The Freedom of Information Commissioner is to be appointed by the Governor‑General by written instrument. (2)  Subsection (1) applies in addition to any rules made for the purposes of that section. ������������������������������������ The Office of the Australian Information Commissioner has the privileges and immunities of the Crown. ������������������������ (1)�� The Information Commissioner has the following functions: ���������������������������������������� (a)�� the information commissioner functions; ���������������������������������������� (b)�� the freedom of information functions; ���������������������������������������� (c)�� the privacy functions. This Part deals with a number of other matters relevant to the operation of the Office of the Australian Information Commissioner. Information in this column may be added to or edited in any published version of this Act. ���������������������������������������� (b)�� the person is acting under the direction or authority of an information officer. Commissioner alleges Facebook has committed serious and/or repeated interferences with privacy in contravention of Australian privacy law. 12�� Functions and powers of the Privacy Commissioner. ���������������������������������������� (b)�� the information was acquired by the person in the course of performing functions or exercising powers conferred for the purposes of an information commissioner function, a freedom of information function or a privacy function. not to be sued. Government Information (Information Commissioner) Act 2009 No 53. (c)  neither the Information Commissioner, nor the Privacy Commissioner, is prevented from performing the same function, or exercising the same power, on another occasion (in relation to a different matter). Definition of the privacy matters...................................................... 23, 33.......... Review of operation of Act............................................................... 23, 34.......... Privileges and immunities of the Crown........................................... 24, 35.......... Information officer etc. This Part establishes the Office of the Australian Information Commissioner. ������������������������������������������������������ (iv)�� makes an assignment of his or her remuneration for the benefit of his or her creditors; ���������������������������������������� (b)�� the information officer is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; ���������������������������������������� (c)�� the information officer engages, except with the Minister���s approval, in paid employment outside the duties of his or her office; ���������������������������������������� (d)�� the information officer fails, without reasonable excuse, to comply with section 22 (disclosure of interests). The Information Commissioner may delegate all of his or her functions or powers, other than the information commissioner functions, the preparation of reports, the making of certain instruments (such as guidelines and determinations) and certain formal procedural steps. Table Of Contents . ������������������������ (2)�� The functions mentioned in subsection (1) include, but are not limited to, the provisions in the following table. ������������������������ (2)�� The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day. Home — Office of the Australian Information Commissioner (OAIC) We are the independent national regulator for privacy and freedom of information. 8  Definition of freedom of information functions. (Privacy Act) is the principal piece of Australian legislation protecting the handling of personal information about individuals. ������������������������ (4)�� However, a person covered by subsection (3) is not entitled to be paid any remuneration or allowances in relation to the holding of the position of Committee member other than any travel allowance that is prescribed for the purposes of subsection (3). 11  Functions and powers of the Freedom of Information Commissioner. Information Commissioner has the meaning given by section 3A. Information Act 1982 (Cth) (the FOI Act) and received by the Office of the Australian Information Commissioner (OAIC) on 4 November 2018. 52, 2010) TABLE OF PROVISIONS Long Title PART 1--PRELIMINARY 1.Short title 2.Commencement 3.Definitions 3A.Meaning of Information Commissioner in any Act PART 2--OFFICE OF THE AUSTRALIAN INFORMATION COMMISSIONER Division 1--Introduction 4.Guide to this Part Division 2--Establishment 5. The Office of the Australian Information Commissioner has the privileges and immunities of the Crown. Get all the latest news and updates on Australian Information Commissioner only on News18.com. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law. ������������������������ (2)�� This section does not apply if: ���������������������������������������� (a)�� the person records, discloses or otherwise uses the information in the course of performing the same functions or exercising the same powers as those in the course of which the information was acquired; or, ���������������������������������������� (b)�� the person acquires the information for any other lawful purpose; or. 0 hits in page: First Last . It will not be expanded to deal with provisions inserted in this Act after assent. ������������������������ (1)�� The Minister must cause a review of the operation of this Act to be undertaken. (3)  A Committee member appointed by the Minister for the purposes of paragraph (2)(c) is entitled to be paid travel allowance in accordance with the regulations. In 2012, Dr Allan Hawke AC was asked to review and report on the operation of the Freedom of Information Act 1982 (FOI Act) and the Australian Information Commissioner Act 2010. ������������������������ (3)�� The Minister must cause a written report about the review to be prepared. �������������������������������������������������������� (ii)�� the systems used, or proposed to be used, for the activities covered by subparagraph (i); ���������������������������������������� (b)�� any other function conferred by this Act or another Act (or an instrument under this Act or another Act) on the Information Commissioner other than a freedom of information function or a privacy function. (2)  The Committee consists of the following persons: (a)  the Information Commissioner, as Chair; (b)  senior officers of agencies nominated in writing by the Minister, in consultation with the relevant Ministers; (c)  such other persons as the Minister thinks fit and who, in the Minister’s opinion, hold suitable qualifications or experience. agency has the meaning given by the Freedom of Information Act 1982. (1)  An information officer is to be paid the remuneration that is determined by the Remuneration Tribunal. 15  General terms and conditions of appointment. ������������������������ (3)�� The Privacy Commissioner has power to do all things necessary or convenient to be done for or in connection with the performance of functions conferred by this section. ������������������������ (7)�� A determination under subsection (5) must be recorded in the minutes of the meeting of the Committee. The Australian Information Commissioner Act 2010 (AIC Act) established the Office of the Australian Information Commissioner . (1)  An information officer has the recreation leave entitlements that are determined by the Remuneration Tribunal. 3A  Meaning of Information Commissioner in any Act. ������������������������ (4)�� The disclosure must be recorded in the minutes of the meeting of the Committee. We are headed by the Australian Information Commissioner, who has a range of powers and responsibilities under the AIC Act, and exercises powers under the FOI Act, the Privacy Act and other laws. (2)  The Office of the Australian Information Commissioner consists of: (3)  For the purposes of the Public Service Act 1999: (a)  the information officers and staff of the Office of the Australian Information Commissioner together constitute a Statutory Agency; and. ���������������������������������������� (b)�� necessary or convenient to be prescribed for carrying out or giving effect to this Act. ������������������������ (3)�� A person may only be appointed as the Freedom of Information Commissioner if he or she has obtained a degree from a university, or an educational qualification of a similar standing, after studies in the field of law. Site footer. 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