The Office of the Australian Information Commissioner (OAIC) was set up by the AIC Act. Definitions. Disclosure to Information Advisory Committee. ���������������������������������������� (b)�� the staff mentioned in Part 3. Aggression can be a symptom some underlying reasons. (2)  This subsection applies to a request if, during the year: (a)  the request was received under section 15 of the Freedom of Information Act 1982; or, (b)  access (other than partial access) to the document (or all of the documents) to which the request relates was given; or, (c)  access to the document (or all of the documents) to which the request relates was refused; or. Privacy Commissioner means the person appointed under section 14 as the Privacy Commissioner. ������������������������ (3)�� The Minister must cause a written report about the review to be prepared. Note:������������������ A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code). information commissioner functions has the meaning given by section 7. information officer has the meaning given by section 6. partial access has a meaning affected by subsection 31(3). If no determination of remuneration by the Tribunal is in operation, the information officer is to be paid the remuneration that is prescribed by the regulations. ������������������������ (2)�� The review must: ���������������������������������������� (a)�� start 2 years after the commencement of this section; and. Information Commissioner has the meaning given by section 3A. Presented by Gordon Ramsay MLA . Senator Faulkner also noted in March 2009 that the then proposed reforms were not a final step because “new patterns of democratic engagement require new ways to inform debate and decision-making. (3)  A person must not be appointed to act as the Freedom of Information Commissioner unless he or she is qualified, as mentioned in subsection 14(3), to be appointed as the Freedom of Information Commissioner. If no determination of remuneration by the Tribunal is in operation, the information officer is to be paid the remuneration that is prescribed by the regulations. ������������������������ (5)�� If the Freedom of Information Commissioner performs a function, or exercises a power, expressed by an Act (or an instrument under an Act) to be conferred on the Information Commissioner: ���������������������������������������� (a)�� the Freedom of Information Commissioner must perform the function or exercise the power upon his or her own belief or state of mind (to the extent that the performance or exercise is dependent on the belief or state of mind of the Information Commissioner); and, ���������������������������������������� (b)�� the function or power is taken to have been performed or exercised by the Information Commissioner; and. ������������������������ (3)�� The report must include the following: ���������������������������������������� (a)�� the freedom of information matters (see section 31); ���������������������������������������� (b)�� the privacy matters (see section 32). The period must not exceed 5 years. ������������������������ (3)�� A person may only be appointed as the Freedom of Information Commissioner if he or she has obtained a degree from a university, or an educational qualification of a similar standing, after studies in the field of law. The effect of uncommenced … Information Commissioner means the person appointed under section 14 of this Act as the Australian Information Commissioner. (1)  The Governor‑General may terminate the appointment of an information officer for misbehaviour or physical or mental incapacity. 1. Disclosure to Information Advisory Committee. ���������������������������������������� (b)�� necessary or convenient to be prescribed for carrying out or giving effect to this Act. We promote and uphold your rights to access government-held information and have your personal information protected. ������������������������ (4)�� However, a person covered by subsection (3) is not entitled to be paid any remuneration or allowances in relation to the holding of the position of Committee member other than any travel allowance that is prescribed for the purposes of subsection (3). ���������������������������������������� (b)�� during any period, or during all periods, when the information officer: ���������������������������������������������������������� (i)�� is absent from duty or from Australia; or. The information commissioner functions are as follows: (a)  to report to the Minister on any matter that relates to the Commonwealth Government’s policy and practice with respect to: (i)  the collection, use, disclosure, management, administration or storage of, or accessibility to, information held by the Government; and. ���������������������������������������� (b)�� must not take part in making the determination. 35�� Information officer etc. ������������������������ (1)�� An information officer has the recreation leave entitlements that are determined by the Remuneration Tribunal. (2)  The Privacy Commissioner may also perform the freedom of information functions (whether or not the Privacy Commissioner holds the qualifications mentioned in subsection 14(3)). ������������������������ (1)�� The Governor‑General may terminate the appointment of an information officer for misbehaviour or physical or mental incapacity. In your email you seek access to the following: any documents in the possession of the Office of the Australian Information Commissioner that relate to the AFCA [Australian Financial Conduct Authority] and which would … This is a compilation of the Australian Information Commissioner Act 2010 as in force on 1 July 2014. ������������������������ (2)�� The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day. Note:          The Australian Information Commissioner is referred to in this and other Acts as the Information Commissioner (see sections 3 and 3A). ������������������������ (1)�� Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. 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. This includes the collection, use, storage and disclosure of personal information in the federal public sector and in the private sector. freedom of information functions has the meaning given by section 8. freedom of information matters has the meaning given by subsection 31 (1). par = paragraph(s)/subparagraph(s) /sub‑subparagraph(s), Application, saving and transitional provisions, ss. (7)  A determination under subsection (5) must be recorded in the minutes of the meeting of the Committee. Overview Edit. The following endnotes are included in each compilation: If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading. Government Information (Information Commissioner) Act 2009 No 53. The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision. The endnotes provide details of the history of this legislation and its provisions. It is polymorphic and is common in many children suffering from psychiatric or medical problems or due to life circumstances ( Memorandum of Understanding with the Australian Capital Territory for the provision of privacy … Freedom of Information Commissioner means the person appointed under section 14 as the Freedom of Information Commissioner. ������������������������������������ Each of the following is an information officer: ���������������������������������������� (a)�� the Information Commissioner; ���������������������������������������� (b)�� the Freedom of Information Commissioner; ���������������������������������������� (c)�� the Privacy Commissioner. The Information Commissioner may delegate all of his or her functions or powers, other than the information commissioner functions, the preparation of reports, the making of certain instruments (such as guidelines and determinations) and certain formal procedural steps. An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Only the Information Commissioner can perform the information commissioner functions. (3)  This section has effect subject to the Remuneration Tribunal Act 1973. Amending laws are annotated in the legislation history and amendment history. ������������������������ (3)�� The disclosure must be made as soon as possible after the relevant facts have come to the Committee member���s knowledge. If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes. This Part establishes an Information Advisory Committee to assist and advise the Information Commissioner on matters relating to the performance of the information commissioner functions. If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes. Return to search results Clear search. �������������������������������������������������������� (ii)�� the systems used, or proposed to be used, for the activities covered by subparagraph (i); ���������������������������������������� (b)�� any other function conferred by this Act or another Act (or an instrument under this Act or another Act) on the Information Commissioner other than a freedom of information function or a privacy function. ������������������������ (7)�� A determination under subsection (5) must be recorded in the minutes of the meeting of the Committee. 12�� Functions and powers of the Privacy Commissioner. This Part establishes the Office of the Australian Information Commissioner. The Office of the Australian Information Commissioner has the privileges and immunities of the Crown. The day this Act receives the Royal Assent. (4)  However, the following actions may only be undertaken with the approval of the Information Commissioner: (a)  performing the functions, and exercising the powers, conferred on the Commissioner by Part IIIB of the Privacy Act 1988; (c)  the making of guidelines under paragraph 28(1)(a) or (b) of the Privacy Act 1988, or the variation or revocation of those guidelines; (d)  the issue, variation or revocation of rules under: (i)  section 17 of the Privacy Act 1988; or, (ii)  section 12 of the Data‑matching Program (Assistance and Tax) Act 1990; or. A single day to be fixed by Proclamation. (3)  The Minister must cause a written report about the review to be prepared. ������������������������ (1)�� The Information Commissioner has the following functions: ���������������������������������������� (a)�� the information commissioner functions; ���������������������������������������� (b)�� the freedom of information functions; ���������������������������������������� (c)�� the privacy functions. ������������������������ (3)�� Without limiting subsection (2), and for the purposes of that subsection, partial access is granted in respect of a request if either or both of the following conditions are satisfied in relation to the request: ���������������������������������������� (a)�� access was granted to an edited copy (within the meaning of section 22 of the Freedom of Information Act 1982) of the document (or any of the documents) requested; ���������������������������������������� (b)�� the request related to 2 or more documents and access was refused to one or more of the documents. freedom of information functions, in particular oversight of the Freedom of Information Act 1982 (Cth) government information policy functions conferred on the Australian Information Commissioner (1)  The Minister must cause a review of the operation of this Act to be undertaken. Uncommenced amendments . �������������������������������������������������������� (ii)�� is, for any reason, unable to perform the duties of the office. ������������������������ (2)�� The Freedom of Information Commissioner is to be appointed by the Governor‑General by written instrument. (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. The annual report prepared by the Information Commissioner and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include: (a)  the freedom of information matters (see section 31); and. Table Of Contents . (4)  The disclosure must be recorded in the minutes of the meeting of the Committee. �������������������������������������������������������� (ii)�� administrative action necessary or desirable in relation to the operation of that Act; ���������������������������������������� (g)�� monitoring, investigating and reporting on compliance by agencies with the Freedom of Information Act 1982; ���������������������������������������� (h)�� reviewing decisions under Part VII of the Freedom of Information Act 1982; ������������������������������������������ (i)�� undertaking investigations under Part VIIB of the Freedom of Information Act 1982; ������������������������������������������ (j)�� collecting information and statistics from agencies and Ministers about the freedom of information matters (see section 31) to be included in annual reports under section 30; ���������������������������������������� (k)�� any other function conferred on the Information Commissioner by the Freedom of Information Act 1982; ������������������������������������������ (l)�� any other function conferred on the Information Commissioner by another Act (or an instrument under another Act) and expressed to be a freedom of information function. (a)  a statement of the performance of the privacy functions conferred by section 17 and paragraph 28A(1)(d) of the Privacy Act 1988; (b)  a statement about the operation of registered APP codes under the Privacy Act 1988 that contain procedures covered by subsection (2), including details about the number of complaints made under codes, their nature and outcome. The information officers are the Information Commissioner, the Freedom of Information Commissioner and the Privacy Commissioner. ������������������������ (2)�� A member of the Information Advisory Committee must disclose to a meeting of the Committee the nature of an interest, pecuniary or otherwise, that he or she has in a matter being considered, or about to be considered, by the Committee. ���������������������������������������� (d)�� partial access to the document (or documents) to which the request relates was granted. privacy functions has the meaning given by section 9. privacy matters has the meaning given by section 32. It includes any commenced amendment affecting the legislation to that date. This Part deals with a number of other matters relevant to the operation of the Office of the Australian Information Commissioner. ������������������������ (3)�� The Privacy Commissioner has power to do all things necessary or convenient to be done for or in connection with the performance of functions conferred by this section. (c)  neither the Information Commissioner, nor the Freedom of Information Commissioner, is prevented from performing the same function, or exercising the same power, on another occasion (in relation to a different matter). ������������������������ (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. Any misdescribed amendment is included in endnote 7. The information officers are the Information Commissioner, the Freedom of Information Commissioner and the Privacy Commissioner. ������������������������ (4)�� However, the following actions may only be undertaken with the approval of the Information Commissioner: ���������������������������������������� (a)�� the issue, variation or revocation of the Code of Conduct under section 18A of the Privacy Act 1988; ���������������������������������������� (b)�� approvals, variations or revocations of a privacy code under paragraph 27(1)(aa) of the Privacy Act 1988; ���������������������������������������� (c)�� the preparation, and publication, or variation or revocation, of guidelines under paragraph 27(1)(e) or (ea), or paragraph 28A(1)(e), of the Privacy Act 1988; ���������������������������������������� (d)�� the issue, variation or revocation of guidelines for the purposes of paragraph 27(1)(p) or (pa), or paragraph 28(1)(a), of the Privacy Act 1988; ���������������������������������������� (e)�� the making of a report or recommendation to the Minister in relation to any matter that concerns the need for or the desirability of legislative or administrative action in the interests of the privacy of individuals under paragraph 27(1)(r) of the Privacy Act 1988; ������������������������������������������ (f)�� the making, variation or revocation of a determination for the purposes of paragraph 28A(1)(d) of the Privacy Act 1988; ���������������������������������������� (g)�� advising the Minister whether an exclusion from the application of Division 3 of Part VIIC of the Crimes Act 1914 should be granted and whether there should be any restrictions on the circumstances in which an exclusion would apply under paragraph 85ZZ(1)(b) of that Act. 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