australian-information-commissioner-act-2010.pdf, p.5
1 Short title
Defines sections and commencement of the Act.
1 Section 1
1 November
australian-information-commissioner-act-2010.pdf, p.13
10 Functions and powers of the Information Commissioner
australian-information-commissioner-act-2010.pdf, p.38
10 Sept
Conditional commencement of the Treasury Laws Amendment (Consumer Data Right) Act 2019
10 Dec
The Information Commissioner has specific functions.
10(1) Functions and powers of the Information Commissioner
The Information Commissioner has functions.
The Information Commissioner has power to do all things necessary or convenient.
10(2) Functions and powers of the Information Commissioner
The Information Commissioner has the power to do all things necessary or convenient.
australian-information-commissioner-act-2010.pdf, p.1
Compilation information and notes on amendments.
11 December 2024
11 Functions and powers of the Freedom of Information
The Freedom of Information Commissioner has the freedom of information functions.
11(1) Functions and powers of the Freedom of Information
The Freedom of Information Commissioner may also perform privacy functions.
11(2) Functions and powers of the Freedom of Information
Commissioner has power to perform functions
11(3) Functions and powers of the Freedom of Information
australian-information-commissioner-act-2010.pdf, p.14
12 Functions and powers of the Privacy Commissioner
australian-information-commissioner-act-2010.pdf, p.37
Consequential and transitional provisions
12 Dec
Conditional commencement of Surveillance Legislation Amendment (Identify and Disrupt) Act 2021
12 Aug
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act
The Privacy Commissioner has privacy functions.
12(1) Functions and powers of the Privacy Commissioner
The Privacy Commissioner may perform freedom of information functions.
12(2) Functions and powers of the Privacy Commissioner
Power to perform functions necessary or convenient for performance of functions
12(3) Functions and powers of the Privacy Commissioner
Actions requiring approval from Information Commissioner
12(4) Functions and powers of the Privacy Commissioner
(4) However, the following actions may only be undertaken...
Must perform function or exercise power upon own belief or state of mind.
12(5) Functions and powers of the Privacy Commissioner
the performance or exercise is dependent on the belief or state of mind of the Information Commissioner;
(5) If the Privacy Commissioner performs a function, or exercises a power...
the function or power is taken to have been performed or exercised by the Information Commissioner;
Must perform function or exercise power.
a) the Privacy Commissioner must perform the function or exercise the power upon his or her own belief or state of mind;
australian-information-commissioner-act-2010.pdf, p.17
Provides for appointment of information officers and staff, and delegation of functions.
13 Guide to this Part
13 Apr
australian-information-commissioner-act-2010.pdf, p.18
14 Appointment
The Australian Information Commissioner must be appointed by the Governor-General.
14(1) Appointment
The Governor-General must appoint the Freedom of Information Commissioner.
14(2) Appointment
The Freedom of Information Commissioner IS APPOINTED BY the Governor-General AT time of appointment.
(2) The Freedom of Information Commissioner is to be appointed by the Governor-General by written instrument.
The Governor-General MUST appoint the Freedom of Information Commissioner.
The Freedom of Information Commissioner IS APPOINTED BY the Governor-General.
A person must have a degree or educational qualification to be appointed as the Freedom of Information Commissioner.
14(3) Appointment
Appointment only possible after obtaining degree or educational qualification
Degree or educational qualification must be obtained before appointment
Must have a degree or educational qualification
The Privacy Commissioner must be appointed by the Governor-General.
14(4) Appointment
The appointment of the Privacy Commissioner starts at the time of its announcement.
The Privacy Commissioner is to be appointed by the Governor-General.
If an information officer is eligible for reappointment, then they must be appointed by the Governor-General.
The information officers are all eligible for reappointment: see section 33AA of the Acts Interpretation Act 1901.
Appointment is a definition in this context.
Eligibility is a definition in this context.
15 General terms and conditions of appointment
Information officer must hold office for a specified period not exceeding 5 years.
15(1) General terms and conditions of appointment
The information officer must hold office during a specified period not exceeding 5 years.
(1) An information officer holds office for the period specified in the information officer’s instrument of appointment.
The information officer must hold office for a specified period not exceeding 5 years.
The information officer must be appointed for a specified period not exceeding 5 years.
Must be appointed for a specified period
An information officer must hold office on a full-time basis.
15(2) General terms and conditions of appointment
An information officer MUST hold office on a full-time basis.
Must provide information officer must hold office on a full-time basis.
(2) An information officer holds office on a full-time basis.
australian-information-commissioner-act-2010.pdf, p.19
16 Restriction on outside employment
17 Remuneration
Information officer must be paid remuneration determined by the Remuneration Tribunal or prescribed by regulations.
17(1) Remuneration
An information officer must be paid prescribed allowances.
17(2) Remuneration
The payment is within a prescribed timeframe.
Payment is within a prescribed timeframe
(2) An information officer is to be paid the allowances that are prescribed by the regulations.
If the payment is made, then the regulations are complied with.
Payment implies compliance with regulations
The information officer must be paid the prescribed allowances.
Subject to the Remuneration Tribunal Act 1973.
17(3) Remuneration
18 Leave of absence
Information officer has recreation leave entitlements determined by the Remuneration Tribunal.
18(1) Leave of absence
Information officer has a duty to receive recreation leave entitlements.
Grant leave of absence on terms and conditions determined by the Minister.
18(2) Leave of absence
An information officer may resign by giving a written resignation.
19 Resignation
2 Commencement
2 Section 2
australian-information-commissioner-act-2010.pdf, p.20
20 Termination of appointment
The Governor-General may terminate the appointment of an information officer.
20(1) Termination of appointment
Termination of appointment under specified conditions.
20(2) Termination of appointment
Prohibition on termination under specified conditions.
The Governor-General must terminate the appointment...
The Minister may appoint a person as an information officer.
21 Acting appointments
Permission to act as an information officer
australian-information-commissioner-act-2010.pdf, p.21
22 Disclosure of interests
Disclosure of interests must be made to the Minister.
22(1) Disclosure of interests
Rules made for purposes of section apply in addition to subsection (1)
22(2) Disclosure of interests
The information officer must comply with subsection (1) of this section.
22(3) Disclosure of interests
The information officer is taken not to have complied if they do not comply.
(3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the information officer is taken not to have complied with section 29 of that Act if he or she does not comply with subsection (1) of this section.
australian-information-commissioner-act-2010.pdf, p.22
Staff must be persons engaged under the Public Service Act 1999.
23 Staff
24 Consultants
The Information Commissioner may engage consultants.
24(1) Consultants
Consultant must delegate function or power to staff member.
24(2) Consultants
Delegation of functions by the Information Commissioner
25 Delegation by the Information Commissioner
All or any of his or her functions or powers
The Information Commissioner may delegate in writing
australian-information-commissioner-act-2010.pdf, p.24
Establishes an Information Advisory Committee.
26 Guide to this Part
27 Establishment and functions
Conditional commencement of Schedule 3 (items 10, 11)
27 June
Establishment of an Information Advisory Committee
27(1) Establishment and functions
Creates a duty to assist and advise the Information Commissioner
27(2) Establishment and functions
27(3) Establishment and functions
is paid travel allowance during the appointment period.
(3) A Committee member appointed by the Minister for the purposes of paragraph (2)(c)
it follows that the Committee member is entitled to be paid travel allowance in accordance with the regulations.
it implies that decisions regarding travel allowance should be made in accordance with the regulations.
Implication of right entitlement on decision-making
is entitled to be paid travel allowance in accordance with the regulations.
it implies that the Committee member should be paid travel allowance in accordance with the regulations.
Implication of right entitlement on behavior
No remuneration or allowances for Committee members except travel allowance.
27(4) Establishment and functions
australian-information-commissioner-act-2010.pdf, p.25
27A Disclosure of interests
Member must disclose interests to Minister.
27A(1) Disclosure of interests
Member of Information Advisory Committee must disclose interests.
27A(2) Disclosure of interests
Committee member must disclose interests as soon as possible after knowledge.
27A(3) Disclosure of interests
Committee must record disclosure in meeting minutes.
27A(4) Disclosure of interests
Committee member must not participate in deliberation or decision-making.
27A(5) Disclosure of interests
The Committee member must not be present during any deliberation by the Committee.
Temporal relationship between presence and participation
(5) Unless the Committee otherwise determines, the Committee member...
If the Committee member is present during deliberation, then they must take part in any decision.
Implication of committee member's actions on decision-making
must not take part in any decision of the Committee with respect to the matter.
must not be present during any deliberation by the Committee.
Prohibition of presence during deliberation
If the Committee member is present during deliberation, then they must not take part in any decision.
Implication of committee member's actions on deliberation
Committee member must not be present during deliberation and take part in making determination.
27A(6) Disclosure of interests
Prohibition of presence during deliberation and participation in making determination.
(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 (b) must not take part in making the determination.
Committee must record determination in meeting minutes.
27A(7) Disclosure of interests
australian-information-commissioner-act-2010.pdf, p.27
28 Guide to this Part
Describes the type of obligation or prohibition
The text mentions an offence for unauthorised dealings with information
29 Unauthorised dealing with information
Making a record of, disclosing or using information acquired in the course of performing certain functions is an offence.
29(1) Unauthorised dealing with information
(1) A person commits an offence if: (a) the person makes a record of, discloses or otherwise uses information; and (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.
Defines the temporal scope of the offence.
(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.
Defines the AI's role in detecting the offence.
(a) the person makes a record of, discloses or otherwise uses information; and (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.
Prohibits making a record of, disclosing or using information acquired in the course of performing certain functions.
Defines the repetitive nature of the offence.
Exemption from section 29(2) under certain conditions.
29(2) Unauthorised dealing with information
australian-information-commissioner-act-2010.pdf, p.6
3 Definitions
3 Sept 2021
Defines key terms with specific meanings.
australian-information-commissioner-act-2010.pdf, p.30
Annual report must include specific information.
30 Annual report
Amendment of Schedule 14 by Public Governance and Resources Legislation Amendment Act (No. 1) 2015
30 June
31 May 2010
31 Definition of the freedom of information matters
Definition of the freedom of information matters
31(1) Definition of the freedom of information matters
Request must be made within a year of access or refusal to access the document.
31(2) Definition of the freedom of information matters
The request is during a temporal interval that starts one year after access or refusal to access the document.
The request is within a temporal interval that starts one year after access or refusal to access the document.
The request must be made within a year of access or refusal to access the document.
The request is until one year after access or refusal to access the document.
Partial access granted under certain conditions.
31(3) Definition of the freedom of information matters
Defines temporal interval for partial access.
(3) Without limiting subsection (2), and for the purposes of that subsection, partial access is granted in respect of a request:
(a) access was granted to an edited copy (within the meaning of section 22 of the Freedom of Information Act 1982)
Allows refusal to one or more documents if multiple documents are requested.
(b) the request related to 2 or more documents and access was refused to one or more of the documents.
Enables conditional access based on multiple document requests.
Remainder: Royal Assent Acts Interpretation Amendment Act 2011
31 May
Conditional commencement of Privacy and Other Legislation Amendment Act 2024
australian-information-commissioner-act-2010.pdf, p.32
32 Definition of the privacy matters
32(1) Definition of the privacy matters
Procedure for making and dealing with complaints related to privacy matters.
32(2) Definition of the privacy matters
State has obligation to deal with complaints related to privacy matters.
Definition of consumer data right matters
32A Definition of the consumer data right matters
33 Review of operation of Act
The Minister must undertake a review of the operation of this Act.
33(1) Review of operation of Act
Expresses a moral or ethical obligation.
Review of operation of Act must start 2 years after commencement and be completed within 6 months.
33(2) Review of operation of Act
The Minister must prepare a written report about the review.
33(3) Review of operation of Act
Minister must lay report before Parliament within 15 sitting days.
33(4) Review of operation of Act
Minister has a duty to lay report before Parliament.
australian-information-commissioner-act-2010.pdf, p.33
The Office of the Australian Information Commissioner has privileges and immunities of the Crown.
34 Privileges and immunities of the Crown
has privileges and immunities of the Crown
The Office of the Australian Information Commissioner
35 Information officer etc. not to be sued
Person not an information officer cannot be sued.
35(1) Information officer etc. not to be sued
The protection applies during this time period.
Defines temporal interval during which protection applies.
(a) the person is an information officer; or (b) the person is acting under the direction or authority of an information officer.
Prohibits suing non-information officers.
Imposes obligation on states to protect their employees.
Defines recurring pattern of protection.
No liability for actions taken in good faith
35(2) Information officer etc. not to be sued
This provision intersects with other provisions that define good faith.
The provision overlaps with other provisions that define good faith
(2) The person is not liable to an action...
This provision affects artificial agents.
The provision applies to artificial agents exercising their power or authority
If the person exercises their power or authority in good faith, then they are not liable.
Good faith is a necessary condition for liability
This provision affects these specific types of functions.
The provision applies to information commissioner functions, freedom of information functions, and privacy functions
This provision intersects with other provisions that define liability.
The provision overlaps with other provisions that define liability
Governor-General may make regulations for carrying out or giving effect to the Act.
36 Regulations
Regulations are prescribed by the Governor-General.
Governor-General has authority to prescribe regulations.
The Governor-General may make regulations.
Classifies regulations as part of the Act's implementation.
australian-information-commissioner-act-2010.pdf, p.7
Defines Information Commissioner as appointed under section 14.
3A Meaning of Information Commissioner in any Act
States the definition of Information Commissioner
Classifies Information Commissioner as a role
australian-information-commissioner-act-2010.pdf, p.8
Establishes the Office of the Australian Information Commissioner.
4 Guide to this Part
australian-information-commissioner-act-2010.pdf, p.9
5 Establishment
Establishment of the Office of the Australian Information Commissioner
5(1) Establishment
5(2) Establishment
Establishes a statutory agency and its head.
5(3) Establishment
the information officers and staff of the Office of the Australian Information Commissioner together constitute a Statutory Agency.
(3) For the purposes of the Public Service Act 1999:
the Information Commissioner is the Head of that Statutory Agency.
List officials of the Office of the Australian Information Commissioner.
5(4) Establishment
The information officers are officials of the Office of the Australian Information Commissioner during this period.
The Office of the Australian Information Commissioner is a listed entity within the meaning of the Public Governance, Performance and Accountability Act 2013.
The information officers are officials of the Office of the Australian Information Commissioner.
The Office of the Australian Information Commissioner is a listed entity.
australian-information-commissioner-act-2010.pdf, p.10
6 Definition of information officers
The Freedom of Information Commissioner and the Privacy Commissioner are also information officers.
The Information Commissioner is an information officer.
australian-information-commissioner-act-2010.pdf, p.11
Report on Commonwealth Government's policy and practice regarding information collection, use, disclosure, management, administration, or storage.
7 Definition of information commissioner functions
Information Commissioner has an obligation to report on Commonwealth Government's policy and practice.
Promoting awareness and understanding of the Freedom of Information Act 1982
8 Definition of freedom of information functions
australian-information-commissioner-act-2010.pdf, p.12
9 Definition of privacy functions
9(1) Definition of privacy functions
9(2) Definition of privacy functions
An Act to establish the Office of the Australian Information Commissioner, and for related purposes
Australian Information Commissioner Act 2010