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Annual Report 2010-11: Appendicies

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  1. Appendix 1 — Office of the Privacy Commissioner Outcomes and Program Structure
    1. Contributions to the former OPC's outcome
    2. Trend Information
  2. Appendix 2 — Office of the Privacy Commissioner financial statements
  3. Appendix 3 — Office of the Australian Information Commissioner agency resource statement and resources for outcomes
  4. Appendix 4 — Office of the Australian Information Commissioner financial statements
  5. Appendix 5 — Freedom of Information Act Compliance
    1. Office of the Privacy Commissioner Section 8 statement (1 July 2010 - 31 October 2010)
    2. Office of the Australian Information Commissioner — section 8 statement (1 November 2010 - 30 April 2011)
  6. Appendix 6 — Memoranda of understanding and Exchange of Letters agreement
    1. Australian Human Rights Commission Memorandum of Understanding
    2. ACT Government Department of Justice and Community Safety Memorandum of Understanding
    3. Centrelink
    4. Australian Customs and Border Protection Service Memorandum of Understanding
    5. Department of Human Services Memorandum of Understanding
    6. Department of Infrastructure and Transport (formerly the Department of Infrastructure, Transport, Regional Development and Local Government)
    7. Department of Health and Ageing Exchange of Letters agreement
  7. Appendix 7 — Speeches and presentations by OAIC Commissioners
    1. Professor John McMillan, Australian Information Commissioner
    2. Timothy Pilgrim, Privacy Commissioner
    3. Dr James Popple, Freedom of Information Commissioner
  8. Appendix 8 — List of requirements
    1. Correction of error in the former Office of the Privacy Commissioner 2009-10 Annual Report

Appendix 1 — Office of the Privacy Commissioner Outcomes and Program Structure

The former Office of the Privacy Commissioner had one outcome in 2010-11:

Outcome 1: The protection of individuals' personal information through investigating complaints and inquiring into potential privacy interferences, advice to Government, audits of personal information handling practices, community education and research.

Contributions to the former OPC's outcome

The work of the former OPC in pursuit of this outcome was guided by the following key performance indicators.

Key Performance Indicators 2010-11 Target
Key Performance Indicators2010-11 Target
Adherence to Client Service Charter standards Client Service Charter standards are met
Targeted information available that informs the community, including business and government, of their rights and responsibilities in respect of the Office's jurisdictional responsibilities Information is easily accessible and available to all members of the community
Preparation of advice, reports and submissions on significant privacy-related issues Advice, reports and submissions on significant privacy-related issues considered and valued
Audits improve the privacy practices and procedures of agencies and organisations Agencies and organisations satisfied that audits improve their privacy practices and procedures
Number of complaints finalised within 12 months of receipt and number of written enquiries answered within 10 days 80% of complaints finalised within 12 months of receipt and 90% of written enquiries answered within 10 days
Time taken to finalise audits Audits finalised within six months of commencement
Number of visits to the website and number of pages viewed on the website More than 1 million visits to the website and more than 5 million pages viewed on the website

Trend Information

As the OPC was only in existence from 1 July 2010 - 31 October 2010, it is not possible to draw accurate comparisons to its performance in previous years.

xlsTable A1.1 — OPC agency resource statement40.5 KB 

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xlsTable A1.2 — Expenses and resources for outcome 140 KB 

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Appendix 2 — Office of the Privacy Commissioner financial statements

xlsAppendix 2 — OPC Financial Statements1.37 MB

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Appendix 3 — Office of the Australian Information Commissioner agency resource statement and resources for outcomes

xlsTable A3.1 — OAIC Agency Resource Statement 2010-1142.5 KB

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xlsTable A3.2 — OAIC expenses and resources for outcome 141 KB

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Appendix 4 — Office of the Australian Information Commissioner financial statements

xlsAppendix 4 — OAIC Financial Statements1.14 MB

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Appendix 5 — Freedom of Information Act Compliance

Office of the Privacy Commissioner Section 8 statement (1 July 2010 - 31 October 2010)

Functions and decision making powers

The former OPC was established, and the Privacy Commissioner's functions and powers were conferred, by the Privacy Act 1988 (Privacy Act). The former OPC functions and powers can be found at www.privacy.gov.au.

Avenues for public participation

The former OPC used the following processes and consultative bodies to assist the participation by persons or bodies outside the Australian Government in the policy-making functions of the former OPC or in its administration of various schemes and acts:

  • Part VII of the Privacy Act provides for the establishment of the Privacy Advisory Committee to advise the Commissioner on relevant matters, recommend material to the Commissioner for inclusion in guidelines and, subject to direction by the Commissioner, engage in community education and consultation
  • The former Privacy Contact Officer (PCO) network facilitated the resolution of privacy issues within Australian and ACT Government agencies and provided training and expertise to those agencies. The PCO network met once during 2010-2011
  • The Privacy Connections network plays a similar role in the private sector
  • The Compliance section conducts customer surveys to assess the quality of the service it provides, and to look for ways to improve its service
  • The Privacy Commissioner had a legislative requirement to consult. For example, the provisions relating to making a public interest determination require the production of a draft determination and the invitation of interested parties to attend a conference (ss 75 and 76). Similarly, the Commissioner needs to be satisfied that there has been an adequate opportunity for the public to comment before approving a proposed privacy code (s 18BB(2)(f)).

Categories of documents

Documents held by the former OPC relate to:

  • administration matters, including personnel, recruitment, accounts, purchasing, registers, registry and invoices
  • complaint matters, including audits and the investigation, clarification, conciliation and resolution of complaints
  • legal matters, including legal documents, opinions, advice and representations
  • research matters, including research papers in relation to complaints, existing or proposed legislative practices, public education, national inquiries and other relevant issues
  • policy matters, including minutes of meetings, administrative and operational guidelines
  • operational matters, including files on formal inquiries
  • reference materials, including press clippings, survey and research materials and documents relating to conferences and seminars.

Office of the Australian Information Commissioner — section 8 statement (1 November 2010 - 30 April 2011)

Avenues for public participation

The OAIC held Information Contact Officer Network meetings twice during 2010-11. At meetings, participants received updates on the work of the OAIC, and had the opportunity to network and share knowledge with information professionals in other agencies. The OAIC conducted consultation on a number of matters during the year, including in relation to developing new guidance material. The OAIC invites public consultation from individuals and organisations through its website.

Categories of documents

In addition to the categories of documents held by the former OPC, the OAIC also holds documents relating to Information Commissioner reviews and complaints, including the conduct of any investigation and the conciliation and resolution of the matter.

Freedom of information procedures

The former OPC and OAIC provided access to documents in accordance with the requirements of the Freedom of Information Act 1982 (FOI Act). While these requirements changed in the reporting period, the method of a member of the public approaching the agency remained essentially the same.

Before making an FOI request to the OAIC, members of the public were encouraged to speak to an officer about the matter. Staff were often able to provide certain kinds of information without an FOI request, including documents that were previously provided by the person to the OAIC, records of conversation (if any) between the person and OAIC staff, and most database entries relating to the progress of any complaint or application for IC review that the person may have made to the OAIC.

To make an FOI request members of the public were to write to the OAIC stating they were making an FOI request, specifying the documents that they are seeking and provide an address for reply. The request could be emailed to the OAIC at foi@oaic.gov.au or sent by post:

Attention; FOI Coordinator
GPO Box 5218
Sydney NSW 2001

Our enquiries team on 1300 363 992 could also assist with any questions.

Procedures for handling FOI requests are detailed in the FOI Act and the FOI Guidelines. Where a decision was made not to disclose documents, the applicant was provided with a full set of reasons for the decisions and relevant appeal rights.

Facilities for obtaining physical access

The former OPC and the OAIC provided copies of the requested documents by mail to the enquiring party, subject to exceptions established under the FOI Act. The former OPC and the OAIC also considered requests from parties to view hard copies of the requested documents in person at the office.

Information Publication Scheme

From 1 May 2011, agencies subject to the FOI Act are required to publish information as part of the Information Publication Scheme (IPS). This requirement is in Part II of the FOI Act and has replaced the former requirement to publish a section 8 statement in an annual report. An agency plan outlining the information that the OAIC publishes in accordance with the IPS requirements is available on the OAIC website at www.oaic.gov.au/ips.

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Appendix 6 — Memoranda of understanding and Exchange of Letters agreement

The following Exchange of Letters agreement and memoranda of understanding were commenced under the former Office of the Privacy Commissioner (OPC) and have been continued under the Office of the Australian Information Commissioner (OAIC).

Australian Human Rights Commission Memorandum of Understanding

The OAIC held a Memorandum of Understanding with the Australian Human Rights Commission (AHRC) which covers the provision of corporate services. The OAIC paid $1,919,145 for these services and received $25,455 in payments in 2010-11. This included financial, administrative, information technology, human resources and for part of the year, legal services. The OAIC also sub-let premises in Sydney from the AHRC under this arrangement.

ACT Government Department of Justice and Community Safety Memorandum of Understanding

The OAIC held a Memorandum of Understanding with the ACT Government Department of Justice and Community Safety for the period 1 July 2008-30 June 2011. Under the Memorandum, the OAIC provided a number of privacy services to the ACT Government including: handling privacy complaints and enquiries about ACT Government agencies, providing policy advice,  carrying out audits, providing privacy training on request, and facilitating the Information Contact Officers Network (ICON).

In 2010-11, the OAIC received $117,646 for the provision of these services.

The OAIC continued to undertake its responsibilities under the Data-matching Program (Assistance and Tax) Act 1990 throughout 2010-11. The OAIC received annual funding of $372,976 from Centrelink to support the costs of monitoring the conduct of the data-matching program.

Australian Customs and Border Protection Service Memorandum of Understanding

The OAIC has held an agreement with the Australian Customs and Border Protection Service (Customs) since May 2008. The OAIC provides ongoing privacy advice as well as two audits a year of various aspects of Customs' use of Passenger Name Record data. The OAIC receives annual funding of $121,205.70 from Customs to support the costs of this work.

Department of Human Services Memorandum of Understanding

The OAIC held an agreement with the Department of Human Services to provide privacy advice in relation to the Government's Service Delivery Reform Agenda and to respond to privacy matters arising from the implementation of Service Delivery Reform. The term of the agreement was from 1 February 2010-31 January 2011. This was renewed for a further year from February 2011-January 2012. The OAIC received $519,750 in 2010-11 for the provision of these services.

Department of Infrastructure and Transport (formerly the Department of Infrastructure, Transport, Regional Development and Local Government)

The OAIC held an agreement with the Department of Infrastructure, Transport, Regional Development and Local Government to provide privacy advice in relation to the development and implementation of body scanning technology in Australian international airports. The OAIC received a single payment of $185,000 outside of the 2010-11 financial year for the provision of these services. The term of the agreement was from 9 June 2010 to 8 June 2011.

Department of Health and Ageing Exchange of Letters agreement

The OAIC held an agreement with the Department of Health and Ageing in relation to oversight of the Healthcare Identifiers Service for the period July 2010-June 2011. Under the agreement, the OAIC provided a number of services including: handling privacy complaints and enquiries about the misuse of healthcare identifiers by Australian Government agencies, private sector organisations or individuals; providing policy advice and guidance to Australian Government agencies, private sector organisations and individuals; conducting up to two audits of the Healthcare Identifiers Service Operator (Medicare) and producing an annual report on the OAIC's compliance and enforcement activities relating to healthcare identifiers.

The OAIC received $550,000 under this agreement in 2010-11.

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Appendix 7 — Speeches and presentations by OAIC Commissioners

Professor John McMillan, Australian Information Commissioner

  • July 2010, presentation to Australian Institute of Company Directors
  • October 2010, presentation to Conference of Australia-New Zealand Health Commissioners
  • February 2011, speech at launch of NSW Information & Privacy Commission
  • March 2011, presentation to Austrade Corporate Governance Forum
  • March 2011, presentation to APOR conference, Taipei
  • March 2011, presentation to Australian Government Solicitor Information Law Conference
  • March 2011, video presentation to House of Commons, Canada
  • March 2011, presentation to TRIM Users Forum
  • March 2011, presentation to Australasian College of Health Service Managers
  • April 2011, presentation to Australian Maritime Safety Authority
  • April 2011, presentation to Commonwealth Department of Human Services
  • April 2011, participation in Q&A, session, Australian Crime Commission launch of Organised Crime in Australia report
  • April 2011, presentation to Public Accounts Committee
  • May 2011, speech at launch of Information Awareness Week
  • May 2011, presentation to Commonwealth Department of Human Services
  • May 2011, presentation to Attorney-General's Department Symposium
  • May 2011, presentation to Institute of Metadata Management conference
  • May 2011, presentation to ANU administrative law students
  • May 2011, presentation to Australian Property Institute's Natural Disasters: Assessing the Risk for Property conference
  • June 2011, presentation to Australian Bankers' Association Banking Regulations Forum
  • June 2011, presentation to Austrade's Chief Information Officer Forum

Timothy Pilgrim, Privacy Commissioner

  • November 2010, presentation to Privacy Victoria Network meeting
  • November 2010, presentation to meeting of International Association of Privacy Professionals Australia and New Zealand
  • November 2010, presentation to PricewaterhouseCoopers Australia
  • November 2010, presentation to Law Council Australia
  • November 2010, presentation to annual conference of Association of Privacy Professionals Australia and New Zealand
  • February 2011, presentation to PricewaterhouseCoopers Australia roundtable
  • March 2011, presentation to Australian Government Solicitor Information Law Conference
  • April 2011, presentation to meeting of International Association of Privacy Professionals Australia and New Zealand
  • May 2011, presentation to Victorian Department of Human Services
  • May 2011, presentation to Australian Direct Marketing Association
  • May 2011, presentation to AUSTRAC

Dr James Popple, Freedom of Information Commissioner

  • February 2011, presentation to staff from Australian Government Land and Coasts
  • February 2011, presentation to Evolving Models of Accountability conference
  • February 2011, presentation to Parliamentary Library Services
  • March 2011, presentation to Australian Government Solicitor Information Law Conference
  • March 2011, presentation to Australian Computer Society Canberra ICT Conference
  • March 2011, presentation to ANU Centre for International and Public Law
  • April 2011, presentation to Australian Crime Commission
  • May 2011, participation in Burgmann College Alumni Roundtable
  • May 2011, presentation to ANU Administrative Law students
  • June 2011, presentation to ANU Advanced Military Administrative Law students
  • June 2011, presentation to Ministerial staff induction seminar, Parliament House

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Appendix 8 — List of requirements

List of requirements
Part of ReportDescriptionRequirement
Page ii Letter of transmittal Mandatory
Page iv Table of contents Mandatory
Page 149 Index Mandatory
Page 147 Glossary Mandatory
Page vii Contact officer(s) Mandatory
Page vii Internet home page address and Internet address for report Mandatory
Pages 1-4 Review by Australian Information Commissioner Mandatory
Pages 1-4 Summary of significant issues and developments Suggested
Appendices 1-4 Overview of agency's performance and financial results Suggested
Pages 1-4 Outlook for following year Suggested
N/A Significant issues and developments - portfolio Portfolio departments - suggested
Page 5 Role and functions Mandatory
Pages 6-7 Organisational structure Mandatory
Page 6, Appendices 1 and 3 Outcome and program structure Mandatory
Page 6, Appendices 1 and 3 Where outcome and program structures differ from PB Statements/PAES or other portfolio statements accompanying any other additional appropriation bills (other portfolio statements), details of variation and reasons for change Mandatory
N/A Portfolio structure Mandatory for portfolio departments
Appendices 1 and 3 Review of performance during the year in relation to programs and contribution to outcomes Mandatory
Appendices 1 and 3 Actual performance in relation to deliverables and KPIs set out in PB Statements/PAES or other portfolio statements Mandatory
Appendices 1 and 3 Where performance targets differ from the PBS/ PAES,  details of both former and new targets, and reasons for the change Mandatory
Appendices 1 and 3 Narrative discussion and analysis of performance Mandatory
Appendix 1 Trend information Mandatory
N/A Performance of purchaser/ provider arrangements If applicable, suggested
Pages 1-4 Significant changes in nature of principal functions/ services Suggested
Pages 1-4 Factors, events or trends influencing agency performance Suggested
Page 58 Contribution of risk management in achieving objectives Suggested
N/A Social inclusion outcomes If applicable, mandatory
Appendix 1 Performance against service charter customer service standards, complaints data, and the agency's response to complaints If applicable, mandatory
Appendices 2 and 4 Discussion and analysis of the agency's financial performance Mandatory
Chapter 1, Appendices 1 and 3 Discussion of any significant changes from the prior year or from budget. Suggested
Appendices 1 and 3 Agency resource statement and summary resource tables by outcomes Mandatory
N/A Developments since the end of the financial year that have affected or may significantly affect the agency's operations or financial results in future If applicable, mandatory
Page ii Agency heads are required to certify that their agency comply with the Commonwealth Fraud Control Guidelines. Mandatory
Page 57 Statement of the main corporate governance practices in place Mandatory
Pages 5-7 Names of the senior executive and their responsibilities Suggested
Page 57 Senior management committees and their roles Suggested
Page 58 Corporate and operational planning and associated performance reporting and review Suggested
Page 58 Approach adopted to identifying areas of significant financial or operational risk Suggested
Page 58 Policy and practices on the establishment and maintenance of appropriate ethical standards Suggested
Page 58 How nature and amount of remuneration for SES officers is determined Suggested
Page 58 Significant developments in external scrutiny Mandatory
Page 58 Judicial decisions and decisions of administrative tribunals Mandatory
Page 58 Reports by the Auditor-General, a Parliamentary Committee or the Commonwealth Ombudsman Mandatory
Pages 58-59 Assessment of effectiveness in managing and developing human resources to achieve departmental objectives Mandatory
Pages 58-59 Workforce planning, staff turnover and retention Suggested
Page 59 Impact and features of  enterprise or collective agreements, individual flexibility arrangements (IFAs), determinations, common law contracts and AWAs Suggested
Page 61 Training and development undertaken and its impact Suggested
Page 61 Occupational health and safety performance Suggested
- Productivity gains Suggested
Pages 58-59 Statistics on staffing Mandatory
Page 59 Enterprise or collective agreements, IFAs, determinations, common law contracts and AWAs Mandatory
Page 59 Performance pay Mandatory
Page 62 Assessment of effectiveness of assets management If applicable, mandatory
Page 62 Assessment of purchasing against core policies and principles Mandatory
Page 62 New consultancy services Mandatory
Page 62 Absence of provisions in contracts allowing access by the Auditor-General Mandatory
Page 62 Contracts exempt from the AusTender Mandatory
Appendices 2 and 4 Financial Statements Mandatory
Page 61 Occupational health and safety (section 74 of the Occupational Health and Safety  Act 1991) Mandatory
Appendix 5 Freedom of information for the period 1 July 2010 to 30 April 2011 inclusive (see terms of subsection 8(1) of the Freedom of Information Act 1982 as it existed prior to 1 May 2011) Mandatory
Page 62 Advertising and Market Research (Section 311A of the Commonwealth Electoral Act 1918) and statement on advertising campaigns Mandatory
Page 62 Ecologically sustainable development and environmental performance (Section 516A of the Environment Protection and Biodiversity Conservation Act 1999) Mandatory
Page 62 Grant programs Mandatory
Page 61 Disability reporting - explicit and transparent reference to agency-level information available through other reporting mechanisms Mandatory
Page 146 Correction of material errors in previous annual report If applicable, mandatory
Page 143 List of Requirements Mandatory

Correction of error in the former Office of the Privacy Commissioner 2009-10 Annual Report

In the former Office of the Privacy Commissioner's (OPC's) 2009-10 Annual Report, page 162 was duplicated and printed as page 163.  What was to have been page 163 was omitted.

This error was corrected when page 163 was tabled in Parliament on 20 September 2011.

The correct version of the former OPC's 2009-10 Annual Report is available at www.oaic.gov.au/publications/reports.html.

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