Australian Information Commissioner Regulations 2011

Overview

The Australian Information Commissioner Act 2010 was enacted to establish the Office of the Australian Information Commissioner, streamline privacy law and freedom of information law, and enhance the enforcement and regulatory functions of the Information Commissioner. This Act was introduced to address the need for a more integrated approach to information privacy and freedom of information in Australia, aiming to provide greater protection for personal information and more accessible public access to government information. The Act was enacted by the Parliament of Australia, with a clear policy objective of ensuring the effective administration and enforcement of privacy and freedom of information laws. The Australian Information Commissioner Regulations 2011 were made under the authority of the Act to further define the operational aspects of the Commissioner's role, including the establishment and remuneration of the Information Advisory Committee, which plays a crucial part in advising the Commissioner on matters related to privacy and freedom of information.

Scope and Application

The Australian Information Commissioner Regulations 2011 apply to members of the Information Advisory Committee established under section 27 of the Australian Information Commissioner Act 2010. These Regulations, issued under section 36 of the Act, govern the payment of travel allowances to members of the Committee, aligning with the Remuneration Tribunal Determination 2004/03. The Act itself applies across the Commonwealth of Australia, and the Regulations similarly extend to all members of the Committee wherever they are located within Australia. The Regulations do not specify any exclusions, exemptions, or thresholds for the travel allowance, and the allowance is solely for travel within Australia, as detailed in the attached provisions. The Regulations do not limit the application of the Act but provide necessary detail to facilitate the functioning of the Committee, thus extending the application of the Act through subordinate instruments.

Key Provisions

The Australian Information Commissioner Regulations 2011 outline specific provisions related to the remuneration of members of the Information Advisory Committee as established under Section 27(1) of the Australian Information Commissioner Act 2010. The primary provision, Regulation 4, specifies the travel allowance for committee members when travelling within Australia (Reg. 4). This allowance is determined by the Remuneration Tribunal Determination 2004/03. The Regulations, thus, set the financial parameters for the allowance, ensuring that members are adequately compensated for their travel-related expenses in accordance with the Act. The Regulations impose specific obligations on the entities and individuals they govern. According to Regulation 4, the Information Advisory Committee members are entitled to a travel allowance for any travel undertaken within Australia as part of their duties. This allowance must be paid at the rate determined by the Remuneration Tribunal Determination 2004/03, ensuring consistency and fairness in the compensation provided to committee members. The obligation extends to ensuring that these payments are made in a timely manner, as per the regulations. There are no explicit offences, penalties, or civil/criminal consequences detailed in the text provided for breaches of the Regulations. However, any failure to adhere to the prescribed travel allowance or payment timelines could potentially lead to administrative or legal repercussions under the broader legislative framework of the Australian Information Commissioner Act 2010. The specific consequences would depend on the nature and severity of the breach, and could involve internal review processes, compliance actions, or other measures as deemed necessary by the relevant authorities.