With the chair’s leave, I take this opportunity to acknowledge the committee’s role and in doing so provide a brief opening statement outlining the important work of the Office of the Australian Information Commissioner (OAIC).
I appear today for the first time as Information Commissioner and with my fellow commissioners under our new OAIC organisational structure. Their expertise will assist the committee in its consideration of the operations of the OAIC.
The future direction for the OAIC is informed by the 3 commissioner model with each commissioner guiding our performance under a contemporary regulatory model. In summary, commissioners have prioritised:
- casework effectiveness in both FOI and privacy together with other mandatory functions
- uplifting the capability of agencies to preserve information access and privacy rights, and making compliance easier
- promoting privacy in emerging technology settings and promoting open government
- designing and building the future OAIC, our regulatory and enforcement capacity and applying our regulatory expertise to inform legislative reform.
At a high level, our revised structure includes the following branches to achieve whole of OAIC outcomes for the Australian community:
- Information Rights – focused on privacy and FOI case work
- Regulatory Action – focused on compliance, investigation and enforcement
- Regulatory Intelligence and Strategy – focused on intelligence, communication and engagement, guidance and publications and legislative and statutory functions
- Enabling Services – focused on corporate services, people and culture and governance and risk.
We have included a Reform Office within the structure on a temporary basis to support this major change program.
The new OAIC organisational structure, which formally commences on 2 December 2024, will support our delivery of these priorities and importantly grow our regulatory tools and capabilities.
Since 1 July 2024, our priorities have delivered:
- the finalisation of 4 significant commissioner-initiated investigations (over 300% increase on the same period last year) – they include Bunnings, Master Wealth and DG Institute and 7-Eleven
- significant progress in our remaining investigations
- a significant program of agency and industry engagement to build capacity and promote compliance, including the development of self-assessment tools.
Our appearance and preparatory papers are informed by 31 October 2024 of 2024–25 data. That is the most comprehensive suite of data available.
However, to assist the committee, as at 26 November 2024, the OAIC’s FOI 2024–25 statistics are as follows:
- 761 FOI review applications were received and 1,013 finalised – this represents a 122% increase in finalisations against the same period last year.
- We have finalised all 2019 matters; we have 29 2020 matters; 241 2021 matters; and 345 2022 matters to finalise.
- We have issued 109 decisions under s 55K (11% of finalised matters).
- We have received 105 complaints (18% increase).
- We have finalised 140 complaints (an increase of 137%) and we have 43 complaints on hand (42 lodged in 2024 and one in 2023). We are now finalising 82% of complaints within 12 months of lodgement.
We have received 1,212 privacy complaints in the year to date and have finalised 1,015.
- We received 500 Notifiable Data Breaches (an increase of 34%, and finalised 561, a 38% increase). 81% of NDBs were finalised within a KPI target of 80% in 60 days.
- Our revised approach to regulatory reporting, including NDB reporting, provide regulatory insights and guidance. We are optimising the utilisation of all of our regulatory tools to preserve and promote the rights we oversight.
It is this contemporary, holistic approach to our work that will position us for the future, positively and proactively impact industry practice, elevate capacity and compliance by government and industry, and better serve the Australian people.
I wish to acknowledge the significant work and expertise of the OAIC leadership in implementing this major change program and recognise with gratitude OAIC staff for their dedication and commitment during this period of change.
