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From the Information
Commissioner’s desk
I am pleased to welcome you to the OAIC's refreshed Information Matters newsletter. In addition to the updated format, each month on a rotating basis, you will hear from one of the OAIC’s 3 commissioners – myself, Freedom of Information Commissioner Elizabeth Tydd and Privacy Commissioner Carly Kind – about our priorities and items of note.
This month, we were excited to join the National Archives of Australia (NAA) in marking Information Awareness Week, which brings together information professionals to promote modern and improved practices of managing information.
When considering this year’s theme ‘The next wave: Leading the future’, my takeaway for professionals – whether you’re from business or government – is to consider how you can build in privacy by design and be open by design. Both are underpinned by good information management practices, such as good record keeping, and fit within the broader goal of information by design.
There are two sides to effective information management – both to aid access to information through our freedom of Information laws and in protecting and respecting personal information. These pursuits can both promote human rights.
I wish you a successful month ahead. Enjoy the newsletter! |
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 There are two sides to effective information management – both to aid access to information through our freedom of Information laws and in protecting and respecting personal information. 
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 Latest news |
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National Health (Privacy) Rules 2021 review
The OAIC is reviewing the National Health Privacy Rules 2021 (Rules) to ensure they remain fit-for-purpose.
The Rules set out how Australian Government agencies may use, store, disclose and link Medicare Benefits Schedule (MBS) and Pharmaceutical Benefits Schedule (PBS) claims information.
They apply to Australian Government agencies that handle this information, with a particular focus on Services Australia and the Department of Health and Aged Care, which process and store information about MBS and PBS claims for health services.
The OAIC is seeking submissions from interested stakeholders on the draft Rules to enable revision and remaking of the Rules before they are due to repeal on 1 April 2025.
Information on the consultation will be available on our website next week, with a 4 week period set aside for feedback. |
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International collaboration
A delegation of Malaysian government officials, members of parliament and civil society members visited the OAIC at the beginning of March to discuss freedom of information (FOI) and privacy issues.
The delegation met with our 3 commissioners and attended a workshop to exchange insights and learnings and deepen relationships.
The Government of Malaysia is working towards establishing its own FOI legislation and has various developments underway in the privacy space.
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Privacy Awareness Week
We’re getting ready to ‘power up’ our Privacy Awareness Week (PAW) 2024 campaign website. Keep an eye on this page for updates – or your inbox if you have signed up as a supporter.
This year, we're putting a spotlight on the key principles of transparency, accountability and security.
Don’t forget to sign your organisation up as a PAW supporter to show your commitment to good privacy practices. As a supporter, you will see your logo appear on the website, receive updates and access the campaign toolkit.
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For Privacy Awareness Week 2024 , we’re putting a spotlight on the key principles of transparency, accountability and security.
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Updates and advice — freedom of information |
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Investigations and complaints
Resolving FOI complaints is a key regulatory focus area for the FOI Commissioner and the OAIC, including FOI complaints received by the OAIC in 2021 and 2022.
The OAIC may request information from agencies to determine whether or not to investigate a complaint (s 72) or if it is relevant to the investigation (s 76) within a specific timeframe. The procedures and timeframes have been determined to promote the objects of the FOI Act and reflect the circumstances of the relevant matter. Therefore, requests for extensions of time will only be granted in exceptional circumstances.
Once an investigation has been completed, the OAIC will provide the agency a ‘notice on completion’ setting out the investigation results, recommendations and/or suggestions (if any).
Note that we expect agencies to advise the OAIC of whether recommendations or suggestions have been accepted within the time specified in the notice. If the Commissioner is not satisfied the agency has taken adequate and appropriate action to implement the formal recommendation(s), the Commissioner may issue a written ‘implementation notice’ requiring the agency to provide within a specified time particulars of any action the agency will take to implement the Information Commissioner’s recommendations (s 89). The Commissioner will take agency comments into account in deciding whether to take further action (s 89).
Further information about investigations and complaints is set out in Part VIIB of the FOI Act and in Part 11 of the FOI Guidelines. |
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Recent investigation outcomes
We have updated the OAIC's Freedom of information investigation outcomes summary table to incorporate outcomes and recommendations from recent FOI complaints investigations.
The FOI Commissioner has made recommendations and suggestions to improve agency practices, including:
- amending/updating FOI policies and procedures to better reflect the discretionary nature of the charges regime, use of charges calculator, and publishing information on the Information Publication Scheme (IPS)
- providing training to staff and assessments of subsequent decisions to ensure that the training has been effective.
- monitoring of compliance with statutory timeframes through the use of weekly reports.
- engagement with the applicant to communicate delay and/or to provide assistance to promote the objects of the FOI Act.
We encourage agencies to review and consider these outcomes and recommendations to improve their information access operations. |
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IC review update
We have been focusing on IC review applications:
- received in 2019 and 2020
- seeking review of deemed access refusals (where an agency has not provided a decision within the statutory processing timeframe)
- where the sole access refusal reason relates to:
- adequacy of searches (s 24A)
- imposition of a charge (s 29)
- practical refusal (s 24)
- secrecy provision (s 38)
- seeking review of access grant decisions
- where a Minister is the respondent.
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Requests for documents and information
The OAIC issues notices under s 54Z of the FOI Act to notify agencies that we have commenced review. We expect agencies to respond to requests for information within the time specified in the notice.
We consider the use of our enforcement powers where appropriate and may issue notices under the FOI Act to request the documents at issue (in particular, under sections 55T and 55R).
We will also give written directions under s 55(2)(e) in relation to specific IC reviews. Where the agency or minister fails to comply with a direction, the Commissioner may proceed to make a decision (s 55K) on the basis that the agency or minister has failed to discharge their onus (s 55D(1)).
Further information is set out in Part VII of the FOI Act and in Part 10 of the FOI Guidelines. |
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Extension of time applications: s 15AA
Under s 15AA of the FOI Act, an agency may extend the processing period by up to 30 days if the applicant agrees in writing.
Benefits of reaching extension agreements under s 15AA include:
- Providing a point of engagement with FOI applicants around the progress of their requests and causes for delays
- Managing FOI applicant expectations around timeframes which may prevent behavioural escalation, complaints or increased correspondence
- Preventing unnecessary deemed decisions, protecting FOI applicants' review rights
- Preventing unnecessary applications for extension to the OAIC.
An agency can also ask an FOI applicant for multiple extensions under s 15AA as long as the combined length of all agreed extensions does not exceed 30 days. They must give written notice of an extension to the OAIC as soon as practicable after the agreement is made. If the agency does not tell the OAIC, the extension is invalid. The EOT smartform offers a fast and straightforward way to notify the OAIC of 15AA agreements.
An s 15AA agreement cannot be made once an FOI request has become a deemed refusal under s 15AC.
You can find further information about extensions of time on the OAIC website:
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For your information |
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Please do not reply to this message as you will not get a response. We welcome your feedback at [email protected].
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