Consultations

On this page:

• How the OAIC conducts consultation
• Current consultations
  • FOI Charges Review Report
• Previous consultations
  • Proposed revocation of the Biometrics Institute Privacy Code: Consultation paper – February 2012
  • Review of data-matching guidelines – December 2011
  • Information Policy Issues Paper 2 – November 2011
  • Review of charges under the Freedom of Information Act 1982 – October 2011
  • Application for Public Interest Determination from UnitingCare Wesley Adelaide – October 2011
  • Application for a Public Interest Determination – Collection of Family, Social and Medical Histories – October 2011
  • Review of the Tax File Number Guidelines – August 2011
  • Disclosure Log Determination No 1 – July 2011
  • Review of Credit Provider Determinations – May 2011
  • Draft IPS agency plan – March 2011
  • FOI Disclosure Logs Discussion Paper – March 2011
  • Information Policy Issues Paper 1 – November 2010

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How the OAIC conducts consultation

The OAIC uses a number of mechanisms to conduct its consultations with government agencies, private sector organisations and the community in general. These include using this page, its blog at http://oaic.govspace.gov.au/ and, for limited consultations with Australian Government agencies, its govdex site at http://www.govdex.gov.au/.

Comments can be provided to the OAIC through a number of mechanisms but primarily through its dedicated consultation email address consultation@oaic.gov.au. Alternative contact details are available in the contact us section of this site.

While submissions may be lodged electronically or by post, electronic lodgement is preferred. To assist the OAIC to meet its obligations with respect to accessibility requirements for web publication, the OAIC requests that submissions be made in HTML, Rich Text Format (.rtf), or in Microsoft Word (.doc or .docx) format.

The OAIC usually makes all submissions publicly available but does allow submitters to indicate if they do not wish to have their submission made public. Requests for access to confidential comments are determined in accordance with the Freedom of Information Act 1982 (Cth).

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Current consultations

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FOI Charges Review Report

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Previous consultations

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Proposed revocation of the Biometrics Institute Privacy Code: Consultation paper – February 2012

Submissions to this consultation closed on 21 March 2012.

Revocation of code

An instrument revoking the approval of the Biometrics Institute Privacy Code was registered on the Federal Register of Legislative Instruments on 16 April 2012 and took effect from 17 April 2012. The instrument and explanatory statement are available at: http://www.comlaw.gov.au/Details/F2012L00869

Summary:

On 1 February 2012, the Privacy Commissioner received a letter from the Biometrics Institute (Institute) requesting that the Commissioner exercise his power to revoke the Biometrics Institute Privacy Code (BI Code) on his own initiative.

To assist in the public in considering the Institute's request and preparing comments, the OAIC issued a consultation paper.

Submissions received

The following submission to the proposed revocation of the Biometrics Institute Privacy Code: Consultation paper is presented as received by the OAIC. If you have any difficulty accessing the submission, please contact us.

1. Australian Privacy Foundation .pdf

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Review of The use of data matching in Commonwealth administration: Guidelines – December 2011

Submissions to this consultation closed on 29 February 2012.

Summary:

In 1998, the former Office of the Privacy Commissioner published The use of data matching in Commonwealth administration: Guidelines (February 1998) (Guidelines). These are voluntary guidelines regarding the conduct of data-matching activities for administrative purposes by Australian Government agencies.

The OAIC is currently reviewing the Guidelines. As part of the review, the OAIC produced draft revised Guidelines (proposed to be retitled Guidelines for Data-matching in Australian Government Administration) (PDF).

To assist the public in considering the draft revised Guidelines and preparing comments, the OAIC issued a consultation paper in relation to the review.

Submissions received

If you have any difficulty accessing the submissions, please contact us.

1. Hugh Major (PDF) (RTF)
2. Australian Taxation Office (PDF) (RTF)
3. Department of Human Services (PDF) (RTF)

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Information Policy Issues Paper 2 – November 2011

Submissions to this consultation closed on 8 February 2012.

Summary:

The Government 2.0 taskforce recommended that the OAIC develop a methodology for reporting to government on the value generated by the publication of public sector information (PSI). As a first step towards fulfilling this task, the office published an issues paper, Understanding the Value of Public Sector Information in Australia.

Issues Paper 2: Understanding the Value of Public Sector Information in Australia (November 2011) PDF

The major proposal of this Issues Paper was that agencies should complete a survey form that will gather consistent information across government on information management practices. A draft survey form was published in the paper.

The paper proposed that the survey be administered by the OAIC in May 2012, following public consultation on the ideas presented in this paper and the form and content of the survey. The survey will be administered both to government agencies and to reusers of PSI.

The OAIC requested submissions on three issues:

• The ideas presented in this Issues Paper: does the paper propose a workable approach for mapping the PSI landscape and developing a methodology for valuing PSI?
• The draft survey form in the Appendix to this paper: is the survey form appropriately framed to address the right issues and gather useful information?
• The literature survey in Part 4 of the paper: does this survey adequately cover the field, and are their gaps or limitations in the existing research?

Submissions received

Listed and linked below are submissions received in response to Issues Paper 2: Understanding the Value of Public Sector Information in Australia, where we have permission to publish. Submissions are presented as received by the OAIC; if you have any difficulty accessing them, please contact us.

1. Australian Bureau of Statistics .pdf
2. Australian Public Service Commission .pdf
3. Chartered Secretaries Australia .pdf
4. Department of Defence .pdf
5. Department of Human Services .pdf
6. John Houghton and Nicholas Gruen .pdf
7. National Archives of Australia .pdf
8. Office of the Information Commissioner Northern Territory .pdf

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Review of charges under the Freedom of Information Act 1982 – October 2011

Submissions to this consultation closed in December 2011.

Report released following the consultation

A report was issued on 27 March 2012 titled 'Review of charges under the Freedom of Information Act 1982 – Report to the Attorney-General (February 2012)' (PDF), (RTF).

Summary:

In October 2011 the Australian Information Commissioner was asked to review charges under the Freedom of Information Act 1982 (FOI Act).

As part of the review, the Office of the Australian Information Commissioner (OAIC) released a discussion paper:

Discussion Paper – HTML (PDF)

The discussion paper set out:

• the scope of the review
• the background to the charging framework
• the current charging regime under the FOI Act
• a snapshot of the estimated costs of processing FOI requests and fees and charges collected
• an overview of charging practices in other Australian and overseas jurisdictions.

The discussion paper also included a list of questions to further explore the issues surrounding the role of charges under the FOI Act. Submissions on the matters raised in this discussion paper were requested by 21 November 2011.

The OAIC held consultation sessions during November 2011:

Submissions received

The following submissions were received in response to the OAIC's review of charges under the Freedom of Information Act 1982. The submissions are presented as received by the OAIC. If you have any difficulty accessing the submissions, please contact us.

1. Federal Court of Australia .pdf
2. Greenpeace Australia Pacific .rtf
3. Department of Climate Change and Energy Efficiency .html
4. Public Interest Advocacy Centre (PIAC) .pdf
5. Australian Competition & Consumer Commission (ACCC) .pdf
6. Department of Finance and Deregulation .rtf
7. The Treasury .rtf
8. Department of Education, Employment and Workplace Relations .pdf
9. Department of Resources, Energy and Tourism .pdf
10. IP Australia .pdf
11. CSIRO .rtf
12. NBN Co .pdf
13. Department of Defence .pdf
14. Department of Foreign Affairs and Trade .rtf
15. Department of Prime Minister and Cabinet .rtf
16. Megan Carter, Director Information Consultants Pty Ltd .rtf
17. National Welfare Rights Network .rtf
18. Department of Human Services .rtf
19. Central Australian Aboriginal Legal Aid Service Inc .pdf
20. Department of Agriculture, Fisheries and Forestry .pdf
21. Department of Health and Ageing .pdf
22. Digital Global Mail .pdf
23. Confidential

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Application for a Public Interest Determination from UnitingCare Wesley Adelaide – October 2011

The consultation period in relation to the application from UnitingCare Wesley Adelaide for a Public Interest Determination (PID) under section 73 of the Privacy Act 1988 (Cth) (the Privacy Act) closed on 25 November 2011.

Determinations made in response to the application:

Public Interest Determinations 13 and 13A, were made in response to UnitingCare Wesley Adelaide’s application on 7 February 2012, and registered on the Federal Register of Legislative Instruments on 15 February 2012. They will have effect from 16 February 2012:

• Public Interest Determination 13 (PDF)
• Public Interest Determination 13A (giving general effect to Public Interest Determination 13) (PDF)
• Explanatory Statement (PDF)

Summary

The application concerned the disclosure and collection of personal information without consent in limited and specific circumstances, to improve outcomes for children and young people at risk of serious harm.

The application sought to enable implementation of the South Australian Information Sharing Guidelines for Promoting the Safety and Wellbeing of Children (SA Government 2008). These guidelines aim to improve early intervention outcomes by providing a consistent and structured framework for service coordination.

Consultation on the application and draft determination

The Australian Privacy Commissioner invited interested parties to make comment on the issues raised by the application and the scope and nature of the draft determination. To assist consideration of this matter the OAIC prepared a consultation paper which included the draft determination.

The paper outlined the issues raised in the application, provided brief background information and suggested matters that could be addressed in submissions.

• Consultation Paper – HTML (PDF)

Expressions of interest for a conference on draft determinations

The Australian Privacy Commissioner invited interested parties to consider whether a conference should be held to discuss the draft determination. Interested parties were invited to consider whether they wished to request a conference to discuss the draft determinations. No such request was received.

Submissions received

The following submissions were received in response to the OAIC’s consultation paper on the issues raised by the application and the scope and nature of the draft determination for UnitingCare Wesley Adelaide. The submissions are presented as received by the OAIC. If you have any difficulty accessing the submissions, please contact us.

1. Lifeline South East SA .pdf
2. Pam Simmons, Guardian for Children and Young People (South Australia) .pdf
3. South Australian Council of Social Service .pdf
4. Southern Junction Community Services Inc. .doc
5. Department for Communities and Social Inclusion (South Australia) .doc
6. Anglicare SA .doc
7. Megan Mitchell, NSW Commissioner for Children and Young People on behalf of Australian Children’s Commissioners and Guardians .pdf
8. South Australian Association of Major Community Organisations .doc
9. SA Health .pdf

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Application for a Public Interest Determination – Collection of Family, Social and Medical Histories – October 2011

The consultation period for the application from Dr Steve Hambleton, President of the Australian Medical Association (AMA) for a public interest determination under s 73 of the Privacy Act 1988 (Cth) (Privacy Act) closed on 11 November 2011.

Determinations made in response to the application:

Public Interest Determinations 12 and 12A, were made in response to Dr Hambleton’s application on 29 November 2011, and registered on the Federal Register of Legislative Instruments on 7 December 2011. They will have effect from 11 December 2011:

• Public Interest Determination 12 – Collection of Family, Social and Medical Histories (PDF)
• Public Interest Determination 12A – Collection of Family, Social and Medical Histories (giving general effect to Public Interest Determination 12) (PDF)
• Explanatory Statement (PDF)

Summary:

The application concerned the collection by health service providers of third party health information that is relevant to a patient's family or social medical histories, without the third party's consent. In the absence of a determination, such acts or practices may be in breach of the Privacy Act.

Public Interest Determinations 10 and 10A permitted the collection by health service providers of third party health information that is relevant to a patient's family or social medical histories, without the third party's consent.  Those determinations expired on 10 December 2011.

Consultation on the application and draft determination

The Australian Privacy Commissioner invited interested parties to make comment on the issues raised by the application and the scope and nature of the draft determination. Submissions were due by 11 November 2011.

Consultation paper – HTML (PDF)

To assist consideration of this matter the OAIC prepared a consultation paper which included a draft determination. The paper outlined the issues raised in the application, provided brief background information and suggested matters that could be addressed in submissions.

Submissions received:

1. Consumers Health Forum of Australia .pdf
2. Professor Michael Kidd AM, Faculty of Health Sciences, Flinders University .html
3. Queensland Health .pdf
4. Queensland Health Quality and Complaint Commission .doc
5. South Australian Health and Community Complaints Commissioner .pdf

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Review of the Tax File Number Guidelines – August 2011

Consultation on the review of the Tax File Number Guidelines (TFN Guidelines) closed on 16 September 2011.

Guidelines registered following the review:

Following the conclusion of the review, new Tax File Number Guidelines 2011 were registered on the Federal Register of Legislative Instruments on 20 December 2011.

The review:

The Office of the Australian Information Commissioner (OAIC) sought comments on the following documents:

• draft revised TFN Guidelines – the proposed revisions to the TFN Guidelines are intended to enhance their clarity, language and presentation, without changing their policy intent - to protect individuals' privacy by restricting the use and ensuring the careful handling of TFNs.
• guidance material – information sheet featuring FAQs – the OAIC prepared accompanying draft guidance material for the draft revised TFN Guidelines, in the form of an information sheet containing frequently asked questions (FAQs).
• updated 'Classes of Lawful Tax File Number Recipients' document – this document is currently attached to the annotated version of the existing TFN Guidelines. It is not legally binding, though it is issued in accordance with the TFN Guidelines, which require the Australian Taxation Office (ATO) and the Australian Prudential Regulation Authority (APRA) to release publicly available information about matters including the classes of persons authorised to request TFNs. The ATO and APRA produced an updated draft of the document for the consultation.

The OAIC also issued a consultation paper in relation to the review.

Submissions received

Listed and linked below are submissions received in response to the consultation documents outlined above. These submissions are presented here in the form they were received by the OAIC. If you have any difficulty accessing this information please contact us.

1. Australian Prudential Regulation Authority .pdf
2. The Treasury .pdf
3. AMP .pdf
4. Department of Human Services .pdf
5. Department of Education, Employment and Workplace Relations .pdf
6. Westpac Banking Corporation.pdf
7. The Association of Superannuation Funds of Australia .pdf
8. Office of the Privacy Commissioner - NSW .pdf
9. Universities Australia .pdf
10. Department of Veterans’ Affairs .pdf
11. Greenwoods and Freehills Pty Limited .html
12. Office of the Information Commissioner – Northern Territory .html
13. National Australia Bank .html
14. Australian Institute of Superannuation Trustees .html
15. Financial Services Council .pdf
16. Australian Taxation Office .pdf
17. Australian Privacy Foundation .pdf

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Disclosure Log Determination No 1 – July 2011

Consultation on the draft Disclosure Log Determination No 1 – exempt documents closed on 17 August 2011.

Determination made following the consultation:

Disclosure Log Determination No. 2011-1 (Exempt Documents) was registered on the Federal Register of Legislative Instruments on 12 October 2011 and will have effect from 17 October 2011, see:

• Disclosure Log Determination No. 2011-1 (Exempt Documents)

Summary

The Information Commissioner made this determination under s 11C(2) of the Freedom of Information Act 1982 (Cth) (the FOI Act). The determination applies to:

• information in a document that was an exempt document at the time that access was given by the agency or Minister to the applicant under s 11A of the Act, and
• information in a document that the agency or Minister would have decided was an exempt document at the time that access was given to the applicant under s 11A of the Act, if the request for that document had been received from a person other than the applicant.

The effect of this determination is that agencies and Ministers are not required to publish information prescribed by the determination, in their disclosure log.

Submissions received

Two submissions were received in response to draft Disclosure Log Determination No 1. If you have any difficulty accessing this information please contact us.

• National Film and Sound Archive .pdf
• National Archives of Australia
  'As a general comment, the Archives supports the measures proposed in the Consultation Paper.' (sent via email 17/08/2011)

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Review of Credit Provider Determinations – May 2011

Consultation on the review of the three Credit Provider Determinations: 2006-3 (Assignees), 2006-4 (Classes of Credit Providers) and 2006-5 (Indigenous Business Australia) closed on 3 June 2011.

Report issued and Determinations made following the consultation:

The report on the consultation was issued on 16 August 2011: Review of Credit Provider Determinations August 2011 PDF

Revised determinations were registered on the Federal Register of Legislative Instruments on 15 August 2011 and are linked below:

• Credit Provider Determination No. 2011-1 (Assignees)
• Credit Provider Determination No. 2011-2 (Classes of Credit Providers)
• Credit Provider Determination No. 2011-3 (Indigenous Business Australia)

Consultation papers

The following consultation papers were issued in relation to the review:

• Consultation Paper No. 1 in relation to the Assignees Determination and Classes of Credit Providers Determination
• Consultation Paper No. 2 in relation to Indigenous Business Australia

Submissions received

Listed and linked below are submissions received in response to the consultation papers, where we have agreement to publish. These submissions are presented here in the form they were received by the OAIC (subject to the redaction of signatures). If you have any difficulty accessing this information please contact us.

1. Civil Liberties Australia .doc
2. Indigenous Business Australia .pdf
3. Australian Bankers’ Association .pdf
4. Consumer Credit Legal Service (WA) Inc .pdf
5. SingTel Optus .pdf
6. Westpac Banking Corporation .pdf
7. Australian Institute of Credit Management .doc
8. Communications Alliance / Australian Mobile Telecommunications Association .pdf
9. Australian Finance Conference .pdf
10. Department of Families, Housing, Community Services and Indigenous Affairs .pdf
11. Experian Australia .doc
12. Veda Advantage Information Services and Solutions Limited .pdf

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OAIC's draft agency IPS plan – March 2011

Consultation on an OAIC Information Publication Scheme Draft Agency Plan closed on 28 March 2011.

Agency IPS plan following consultation:

• The finalised OAIC agency IPS plan is available from our IPS entry

Draft plan for consultation:

• Information Publication Scheme Draft Agency Plan (March 2011) PDF, RTF

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FOI Disclosure Logs Discussion Paper – March 2011

Consultation on a Discussion Paper on Disclosure Logs closed on 28 March 2011.

Guidelines issued following the consultation

Finalised Disclosure log guidelines have been issued. See FOI Guideline Part 14 Disclosure Log

Consultation paper

Disclosure Log Discussion Paper (March 2011) PDF, RTF

Submissions received

Listed and linked below are the submissions received in response to the OAIC's Discussion Paper on Disclosure Logs, where we have agreement to publish. These submissions are presented here in the form they were received by the OAIC. If you have any difficulty accessing this information please contact us.

1. Australia's Right To Know (ARTK) .doc
2. Australian Competition and Consumer Commission (ACCC) .pdf
3. Australian Crime Commission (ACC) .pdf
4. Australian Government Information Management Office (AGIMO) – Gov 2.0 .doc
5. Australian Government Information Management Office (AGIMO) – Web Accessibility .doc
6. Australian Transaction Reports and Analysis Centre (AUSTRAC) .doc
7. Australian Taxation Office (ATO) .doc
8. Department of Agriculture, Fisheries and Forestry (DAFF) .pdf
9. Department of Defence (DOD) submission .doc
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10. Department of Education, Employment and Workplace Relations (DEEWR) .pdf
11. Department of Finance and Deregulation (Finance) .docx
12. Department of Human Services (DHS) .docx
13. Marghanita Da Cruz, Ramin Communications
    • http://ramin.com.au/itgovernance/Au-FOI-Disclosure-Log-discussion-paper.shtml
14. Megan Carter, Information Consultants .pdf
15. Migration Review Tribunal – Refugee Review Tribunal (MRT-RRT) .doc
16. National Archives of Australia (NAA) .doc
17. Rick Snell, University of Tasmania .docx
18. http://informationandaccess.blogspot.com/2011/03/submission-on-disclosure-log-discussion.html
19. Sean Parnell, The Australian .msg
20. Sparke Helmore Lawyers
    • http://www.sparke.com.au/sparke/news/publications/reforms_to_commonwealth_freedom_of_information_law_disclosure_logs_ready_or_not.jsp

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Information Policy Issues Paper 1 – November 2010

Consultation on Issues Paper 1 closed on 1 March 2011

Report released following the consultation

A report was issued on 25 May 2011: Principles on open public sector information: Report on review and development of principles. It is available in HTML, PDF or RTF versions.

A short form document just listing the revised principles, as released on 25 May 2011, is available in HTML, PDF or RTF versions.

Issues paper

Issues Paper 1: Towards an Australian Government Information Policy (1 November 2010) PDF

Submissions received

Listed and linked below are submissions received in response to the OAIC's Issues Paper 1, where we have agreement to publish.

1. APS 200 Project on Public Sector Innovation
2. Office of the Chief Information Officer, South Australia
3. Office of the Information Commissioner, Queensland
4. Hervé Senot
5. Office of the Victorian Privacy Commissioner
6. Office of the Information Commissioner, Western Australia
7. Department of Health, Western Australia
8. Law Council of Australia
9. Victorian Spatial Council
10. Population Health Research Network
11. Australian Bureau of Statistics
12. National Library of Australia
13. Department of Innovation, Industry, Science and Research
14. Council of Australian University Librarians
15. David Glynne Jones
16. Australian Securities and Investment Commission
17. Australian Information Industry Association
18. Australian National Data Service
19. Google
20. Public Interest Advocacy Centre
21. National Film and Sound Archive
22. Department of Education, Employment and Workplace Relations
23. National Archives of Australia
24. Queensland Regional Natural Resource Management Groups Collective
25. Administrative Review Council
26. Department of Finance and Deregulation
27. Information and Privacy Commission, New South Wales
28. Attorney-General's Department

Also in relation to Issues Paper 1 see the relevant discussion threads on our blog at http://oaic.govspace.gov.au/