Australian Information Commissioner Act 2010
No. 52, 2010
Compilation No. 9
Compilation date: 11 December 2024
Includes amendments: Act No. 128, 2024
About this compilation
This compilation
This is a compilation of the Australian Information Commissioner Act 2010 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
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 Establishment
6 Definition of information officers
Division 3—Functions and powers of the information officers
7 Definition of information commissioner functions
8 Definition of freedom of information functions
9 Definition of privacy functions
10 Functions and powers of the Information Commissioner
11 Functions and powers of the Freedom of Information Commissioner
12 Functions and powers of the Privacy Commissioner
Part 3—Appointments and staffing for the Office of the Australian Information Commissioner
Division 1—Introduction
13 Guide to this Part
Division 2—The information officers
14 Appointment
15 General terms and conditions of appointment
16 Restriction on outside employment
17 Remuneration
18 Leave of absence
19 Resignation
20 Termination of appointment
21 Acting appointments
22 Disclosure of interests
Division 3—Staff, consultants and delegations
23 Staff
24 Consultants
25 Delegation by the Information Commissioner
Part 4—Information Advisory Committee
26 Guide to this Part
27 Establishment and functions
27A Disclosure of interests
Part 5—Miscellaneous
28 Guide to this Part
29 Unauthorised dealing with information
30 Annual report
31 Definition of the freedom of information matters
32 Definition of the privacy matters
32A Definition of…
Overview
The Australian Information Commissioner Act 2010 was enacted to establish the Office of the Australian Information Commissioner, which comprises the Information Commissioner, the Freedom of Information Commissioner, and the Privacy Commissioner. This legislation was enacted to address the need for a unified oversight body to handle matters related to freedom of information, privacy, and strategic information management within the Commonwealth Government. The Act was passed by the Australian Parliament and received Royal Assent on 31 May 2010. Most of the Act's provisions commenced on 1 November 2010. The primary objective of the Act is to streamline the administration of information management, privacy protection, and freedom of information within the Commonwealth Government, thereby enhancing transparency and accountability.
Scope and Application
The Australian Information Commissioner Act 2010 establishes the Office of the Australian Information Commissioner, which comprises the Information Commissioner, the Freedom of Information Commissioner, and the Privacy Commissioner, collectively referred to as information officers. These officers are responsible for performing strategic functions concerning information management by the Commonwealth Government, administering the Freedom of Information Act 1982, and protecting individual privacy under the Privacy Act 1988. The Act applies to these information officers, their appointed staff, and the Office itself. It extends to any person who acquires information in the course of performing functions or exercising powers under this Act or related Acts, ensuring compliance with specific provisions regarding the use and disclosure of such information. The Act also extends to the Minister, who is responsible for appointing the information officers and overseeing the Office’s functions. Additionally, the Act confers certain privileges and immunities upon the Office, similar to those of the Crown, and provides immunity from legal action for acts performed in good faith under the Act or related Acts. The geographic and jurisdictional reach of the Act is federal, impacting entities and individuals within Australia subject to Commonwealth laws. The Act does not explicitly provide for exclusions or exemptions, but it does detail specific instances where unauthorised dealing with information is an offence, such as when information is acquired in the course of performing certain functions and is then used or disclosed outside the scope of those functions. The application and scope of the Act can be further defined through subordinate instruments, such as regulations and guidelines, which may address specific operational or procedural matters.
Key Provisions
- The Australian Information Commissioner Act 2010 establishes the Office of the Australian Information Commissioner, comprising the Information Commissioner, the Freedom of Information Commissioner, and the Privacy Commissioner. The Information Commissioner is the head of the Office and is responsible for reporting to the Minister on the Commonwealth Government's information management practices, promoting awareness of the Freedom of Information Act 1982, and protecting the privacy of individuals under the Privacy Act 1988 (sections 7, 8, 9, and 10). The Freedom of Information Commissioner assists agencies in complying with the Freedom of Information Act, issues guidelines, and reviews decisions (sections 11 and 12). The Privacy Commissioner oversees the privacy functions, which include protecting individual privacy and administering the consumer data right (sections 11 and 12).
- The Act imposes specific obligations on the Information Commissioner, Freedom of Information Commissioner, and Privacy Commissioner. These include reporting to the Minister, assisting agencies in complying with the Freedom of Information Act, and protecting individual privacy (sections 7-12). The Information Commissioner must also engage consultants and may delegate certain functions to staff (sections 23-25). The Act mandates annual reports from the Information Commissioner detailing freedom of information matters, privacy matters, and consumer data right matters (section 30).
- There are severe consequences for breaches of the Act. Section 29 outlines that unauthorised dealing with information acquired in the performance of information commissioner, freedom of information, or privacy functions is a criminal offence, punishable by up to two years' imprisonment. Additionally, information officers, the Freedom of Information Commissioner, and the Privacy Commissioner are immune from legal suits for actions taken in good faith in the exercise of their functions (section 35). The Minister is required to review the operation of the Act and submit a report to Parliament (section 33).
- Area of Law
- Freedom of Information Law
- Privacy Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Delegation by the Information Commissioner
- Enforcement Powers
- Reporting & Disclosure Obligations
- Review & Sunset Clauses
