On 14 May 2010, we reported on the passage of the Information Commissioner Bill 2010 (Cth) and the Freedom of Information Amendment (Reform) Bill 2010 (Cth) through the Australian Parliament (see our Freedom of Information (FOI) update).
On 31 May 2010, the Bills received Royal Assent and are now the Australian Information Commissioner Act 2010 (Cth) (AIC Act) and the Freedom of Information Amendment (Reform) Act 2010 (Cth) (FOI Reform Act) respectively.
The Governor-General has now proclaimed 1 November 2010 as the day the AIC Act commences. Accordingly, the new statutory agency, to be known as the Office of the Australian Information Commissioner (OAIC), within the Prime Minister and Cabinet portfolio, will be established from that date. According to the Government, "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".
The OAIC is to consist of "information officers" as well as staff engaged under the Public Service Act 1999 (Cth). The "information officers" are defined to be the Information Commissioner, the Freedom of Information Commissioner and the Privacy Commissioner. The term "information officer" is used throughout the AIC Act to refer collectively to the Commissioners. The AIC Act sets out the functions and powers of the Commissioners (ss 7-12), provides for their appointment and for the staffing of the OAIC (ss 13-25). The AIC Act also provides for the establishment of the Information Advisory Committee to assist and advise the Information Commissioner on matters relating to the performance of his or her functions (ss 26-27A).
The FOI Reform Act contains complementary provisions, the majority of which will commence on 1 November 2010. However, it should be noted that different commencement dates apply for some measures in the FOI Reform Act, namely:
- the Information Publication Scheme (new Part II, FOI Act), which will commence on 1 May 2011
- the requirement for agencies to publish information where access has been given under Part III of the FOI Act (new s 11C, FOI Act), which will commence on 1 May 2011
- changes to bring forward the 'open access period' in the Archives Act 1983 (Cth) for most records from 30 years to 20 years, which will begin on 1 January 2011 and will be phased in over a 10 year period, and
- changes to bring forward the 'open access period' in the Archives Act 1983 (Cth) for Cabinet notebooks from 50 years to 30 years, which will begin on 1 January 2011 and will be phased in over a 10 year period.
According to the Government, early advice of the start date of these FOI reforms is necessary to give agencies time to prepare. It will also enable the finalisation of the appointment of Professor John McMillan AO, who is the Information Commissioner Designate, as the inaugural Australian Information Commissioner from 1 November 2010.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
