EXPLANATORY STATEMENT
Issued by the authority of the Cabinet Secretary
Australian Information Commissioner Act 2010
Proclamation
Subsection 2(1) of the Australian Information Commissioner Act 2010 (the Act) provides that sections 3 to 36 of the Act commence on a day to be fixed by Proclamation. However, if any of the provisions of sections 3 to 36 do not commence within six months of the date the Act receives the royal assent, then those provisions commence on the first day after the end of that six month period. The Act recently received the Royal Assent.
The purpose of the proposed Proclamation is to fix 1 November 2010 as the day on which sections 3 to 36 commence.
The Act establishes a new statutory agency, the Office of the Australian Information Commissioner (OAIC), within the Prime Minister and Cabinet portfolio. The OAIC brings together the functions of information policy, privacy protection and freedom of information into the same agency for the first time to ensure the development of a consistent workable information policy across all Australian Government agencies.
Sections 3 to 36 of the Act contain the substantive provisions of the Act.
Section 5 of the Act establishes the OAIC consisting of the information officers as well as staff engaged under the Public Service Act 1999. The information officers are defined in section 6 of the Act to be the Information Commissioner, the Freedom of Information Commissioner and the Privacy Commissioner. The term ‘information officer’ is used throughout the Act to refer collectively to the commissioners.
Sections 7 to 12 of the Act provide for the functions and powers of the information officers. Sections 13 to 25 of the Act provide for the appointments of the information officers and staffing of the OAIC. Sections 26 to 27A of the Act provide for the establishment of the Information Advisory Committee to assist and advise the Information Commissioner on matters relating to the performance of the information commissioner functions.
Sections 28 to 36 of Act the deal with miscellaneous matters relevant to the operation of the OAIC including the requirements for annual reports, immunity from legal suit and the making of regulations.
Most of the provisions in the complementary Freedom of Information Amendment (Reform) Act 2010 will commence immediately after section 3 of the AIC Act commences. Early advice of the start date of these FOI reforms is necessary to give agencies time to prepare for the reforms. It also enables finalisation of Professor McMillan’s appointment as the Australian Information Commissioner.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.