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