Table A.2: Office of the Australian Information Commissioner resource statement 2016–17
Budget 2016–17 $’000
Actual expenses 2016–17 $’000
Variation 2016–17 $’000
(a)
(b)
(a) - (b)
Outcome 1
Provision of public access to Commonwealth Government information, protection of individuals’ personal information, and performance of information commissioner, freedom of information and privacy functions
Program 1.1
Complaint handling, compliance and monitoring, and education and promotion
Expenses not requiring appropriation in the Budget year
593
503
90
Total expenses for Outcome 1
14,988
13,165
1,823
2016-17
2016-17
Average Staffing Level (number)
75
71
4
[1] Departmental Appropriation combines Ordinary annual services (Appropriation Act Nos. 1, 3 and 5) and Retained Revenue Receipts under section 74 of the PGPA Act 2013.
Appendix B: Memoranda of understanding
Australian Bureau of Statistics
This year we entered into an MOU with the Australian Bureau of Statistics (ABS) to provide privacy advice tailored to the needs of the ABS.
For this service, we received $25,000.00 (GST exclusive) from the ABS.
Australian Digital Health Agency
In July 2016, the Australian Digital Health Agency (the Agency) became the My Health Record System Operator. This year we entered into an MOU with the Agency and worked closely with the Agency to provide support and assistance on privacy matters relating to both the Healthcare Identifiers (HI) Service and My Health Record system.
For the HI Service, we provide the following services:
respond to privacy enquiries and complaints
investigate cases of misuse of healthcare identifiers
receive data breach notifications
conduct privacy assessments
provide guidance material
liaise and coordinate on privacy related matters and activities with key stakeholders
provide policy advice
monitor and participate in digital health developments
For the My Health Record system, we provide the following services:
respond to enquiries and complaints relating to the privacy aspects of the My Health Record system
investigate acts and practices that may have been a contravention of the My Health Record system
receive data breach notifications and provide advice
investigate failures to notify data breaches
conduct privacy assessments
provided guidance material for individuals and participants in the My Health Record system
liaise and coordinate on privacy related matters and activities with key stakeholders
prepare relevant communication and media materials
provide policy and legislation advice
monitor and participate in digital health developments
For these combined services, we received $2,076,649.94 (GST exclusive) from the Agency.
Australian Human Rights Commission
The Australian Human Rights Commission (AHRC) continued to provide a number of corporate services to our office this year. The corporate services included financial, administrative, information technology and human resource related tasks. As a part of this, we also sub-let premises in Sydney from the AHRC.
For the corporate services we paid $1,050,010 (GST exclusive), and for the premises (including outgoings) we paid $1,029,214.23 (GST exclusive) to the AHRC.
ACT Government
As a part of our three year MOU with the ACT Government we continued to provide privacy services to ACT public sector agencies. These services included:
handling privacy complaints and enquiries about ACT public sector agencies in relation to the Information Privacy Act 2014 and its Territory Privacy Principles (TPPs)
providing policy and legislation advice
providing advice on data breach notifications, where applicable
carrying out privacy assessments
providing access to privacy seminars
For these services, we received $175,131.77 (GST exclusive) from the ACT Government.
Department of Education and Training
We continued to support the Department of Education and Training with their Student Identifier (SI) initiative, providing expert and timely advice on privacy matters. Our services to the department this year included:
Advice on Data Breach Response Plan
Advice on Data Access Guidelines
Completion of an assessment of the SI Office to determine whether the SI Office is managing personal information as required by APPs 1 and 5
Design and development of an online questionnaire for the assessment of Registered Training Organisation against APPs 1 and 5
For these services, we received $114,000.00 (GST exclusive).
Department of Immigration and Border Protection
Under our MOU with the Department of Immigration and Border Protection (DIBP) we commenced a Passenger Name Record (PNR) data related assessment which follows up the implementation of recommendations made in a previous assessment undertaken in 2015. The assessment also considers DIBP’s practices concerning the destruction and de-identification of PNR data.
For these services, we received $65,000.00 (including GST).
Note: The agreement between Australia and the European Union (EU) on the processing and transfer of Passenger Name Record data states that ‘The Australian Customs and Border Protection Service has arrangements in place under the Privacy Act for the Australian Information Commissioner to undertake regular formal audits of all aspects of Australian Customs and Border Protection Service’s EU-sourced PNR data use, handling and access policies and procedures.’
Department of Human Services
As a part of our ongoing work with the Department of Human Services, we continued to provide general privacy services and support to the Department of Human Services. Our work included:
Advice on the updated DHS Privacy Policy
Advice on the operation of the APPs with respect to a Draft Practice Direction issued by the Administrative Appeals Tribunal (Social Services And Child Support Division)
Advice on the Privacy Impact Assessment for the Welfare Payment Transformation Program
Review of 29 data breach notifications by DHS under s 75 of the My Health Records Act 2012 (Cth)
For these services, we received $220,000.00 (GST exclusive) from the Department of Human Services.
Appendix C: Privacy statistics
Table C.1: Issues in complaints: APPs
APP issues
No. of complaints
%
Openness and transparency
8
0.3
Anonymity and pseudonymity
12
0.5
Collection
274
11.0
Unsolicited personal information
6
0.24
Notification of collection
71
2.9
Use or disclosure
794
31.9
Direct marketing
108
4.3
Cross-border disclosure
5
0.20
Government identifiers
4
0.16
Quality of personal information
210
8.4
Security of personal information
493
19.8
Access to personal information
420
16.9
Correction
32
1.3
Table C.2: The main remedies agreed in conciliated complaints in 2016–17
Department of Immigration and Border Protection (Advanced Passenger Processing)
1
2015–16
Oct–16
3
Department of Immigration and Border Protection (Smartgate)
1
2015–16
Oct–16
4
Universal Student Identifier (USI) — APPs 1 and 5
1
2015–16
Dec–16
5
Telstra: requests for information by law enforcement agencies — APP 11
1
2015–16
Dec–16
6
Department of Immigration and Border Protection (Contractual arrangements)
1
2015–16
Ongoing
7
Follow up with Optus — ss 306 and 306A obligations
1
2016–17
Sep–16
8
Follow up with iiNet — ss 306 and 306A obligations
1
2016–17
Dec–16
9
Vodafone: requests for information by law enforcement agencies — APP 11
1
2016–17
Feb–17
10
Optus: requests for information by law enforcement agencies — APP 11
1
2016–17
Jun–17
11
Follow up with Vodafone — ss 306 and 306A obligations
1
2016–17
Jul–17
12
Document Verification Service — gateway service providers
2
2016–17
Ongoing
13
Department of Immigration and Border Protection (SmartGate security)
1
2016–17
Ongoing
14
Department of Immigration and Border Protection (third party provider)
1
2016–17
Ongoing
15
Department of Immigration and Border Protection (SmartGate APP 12)
1
2016–17
Ongoing
16
Loyalty program
2
2016–17
Ongoing
17
ACT Government — Access Canberra
1
2016–17
Ongoing
18
iiNet: requests for information by law enforcement agencies — APP 11
1
2016–17
Ongoing
19
Tax file numbers publishing agencies
7
2016–17
Ongoing
20
Department of Immigration and Border Protection (Passenger name record)
1
2016–17
Ongoing
Table C.5: Digital health assessments
Assessment subject
No. entities assessed
Year opened
Closed
Follow up assessment of the implementation of recommendations made in the 2015 OAIC audit of the National Repositories Service
1
2015–16
Sep–2016
Assessment of the Australian Health Practitioner Regulation Agency’s handling of healthcare identifiers and associated personal information — APPs 10 and 11
1
2015–16
Oct–2016
Assessment of the Department of Human Services for services related to the My Health Record system — APP 1.2
1
2016–17
Ongoing
Appendix D: FOI statistics
This appendix has been prepared using data collected from ministers and agencies subject to the FOI Act, and separately from the Administrative Appeals Tribunal and from our own records. Ministers and agencies are required to provide, among other details, information about:
the number of FOI requests made to them
the number of decisions they made granting, partially granting or refusing access, and the number and outcome of applications for internal review
the number and outcome of requests to them to amend personal records
charges collected by them
The full data set given by ministers and agencies for the preparation of this appendix is published on data.gov.au.
Table D.1: Number of FOI requests received — top 20 and others
[^] Shows the total for the top 20 agencies in 2015–16 (i.e. includes figures for agencies that are not in the top 20 agencies in 2016–17).
[*] Number in brackets after 2015–16 totals indicates the agency ranking for that year where not the same as 2016-17.
Table D.2: FOI requests determined — top 20 and others
Agency
Granted in full
%
Granted in part
%
Refused
%
Total
Department of Immigration and Border Protection
11,230
62.48
5,828
32.43
915
5.09
17,973
Department of Human Services
2,728
41.96
3,142
48.32
632
9.72
6,502
Department of Veterans’ Affairs
2,735
97.92
31
1.11
27
0.97
2,793
Administrative Appeals Tribunal
892
81.83
172
15.78
26
2.39
1,090
Australian Taxation Office
111
12.97
566
66.12
179
20.91
856
Australian Federal Police
32
5.62
383
67.31
154
27.06
569
Department of Defence
61
19.87
173
56.35
73
23.78
307
Immigration Assessment Authority
229
80.63
38
13.38
17
5.99
284
Department of Health
48
28.57
58
34.52
62
36.90
168
Australian Securities and Investments Commission
22
14.47
62
40.79
68
44.74
152
Commonwealth Ombudsman
22
14.86
80
54.05
46
31.08
148
Australian Transaction Reports and Analysis Centre
59
40.14
56
38.10
32
21.77
147
Department of Employment
59
45.04
47
35.88
25
19.08
131
Department of the Prime Minister and Cabinet
17
13.08
47
36.15
66
50.77
130
Attorney Generals’ Department
12
9.38
41
32.03
75
58.59
128
Department of Foreign Affairs and Trade
16
12.80
58
46.40
51
40.80
125
Comcare
33
28.45
43
37.07
40
34.48
116
Trade Marks Office
26
22.41
84
72.41
6
5.17
116
Australian Postal Corporation
20
18.02
53
47.75
38
34.23
111
Department of the Environment and Energy
12
10.91
82
74.55
16
14.55
110
Total - Top 20
18,364
57.47
11,044
34.56
2,548
7.97
31,956
Remaining agencies and Ministers
513
24.75
723
34.88
837
40.38
2,073
Total
18,877
55.47
11,767
34.58
3,385
9.95
34,029
Table D.3: Use of exemptions in FOI decisions in 2016–17
FOI Act reference
Exemption
Personal
Other
Total
%
s 33
Documents affecting national security, defence or international relations
478
129
607
4.41
s 34
Cabinet documents
0
67
67
0.49
s 37
Documents affecting enforcement of law and protection of public safety
717
191
908
6.60
s 38
Documents to which secrecy provisions of enactments apply
638
209
847
6.16
s 42
Documents subject to legal professional privilege
253
139
392
2.85
s 45
Documents containing material obtained in confidence
174
125
299
2.17
s 45A
Parliamentary Budget Office documents
1
2
3
0.02
s 46
Documents disclosure of which would be contempt of Parliament or contempt of court
11
18
29
0.21
s 47
Documents disclosing trade secrets or commercially valuable information
37
106
143
1.04
s 47A
Electoral rolls and related documents
11
4
15
0.11
s 47B
Commonwealth-State relations
67
55
122
0.89
s 47C
Deliberative processes
313
345
658
4.78
s 47D
Financial or property interests of the Commonwealth
25
20
45
0.33
s 47E
Certain operations of agencies
1,962
579
2,541
18.47
s 47F
Personal privacy
5,705
886
6,591
47.90
s 47G
Business
186
306
492
3.58
s 47H
Research
1
0
1
0.01
s 47J
The economy
0
0
0
-
Table D.4: Reliance on exemptions by percentage from 2014–15 to 2016–17
This table shows the percentage use of each exemption category in relation to all exemptions claimed. A dash is shown where the exemption was not used or it is less than 0.1 %.
Exemption
2014–15 %
2015–16 %
2016–17 %
s 33
4.6
5
4.4
s 34
0.6
0.6
0.5
s 37
12.2
8.8
6.6
s 38
5
6.1
6.2
s 42
2.2
2.6
2.8
s 45
2.3
1.8
2.2
s 45A
-
-
-
s 46
0.1
0.2
0.2
s 47
1.1
0.8
1.0
s 47A
-
0.1
0.1
s 47B
1
1.2
0.9
s 47C
4.7
4.3
4.8
s 47D
0.1
0.1
0.3
s 47E
13.9
19.8
18.5
s 47F
47.6
44.6
47.9
s 47G
4.3
4
3.6
s 47H
-
-
-
s 47J
-
-
-
Table D.5: Use of practical refusal 2016–17
Practical refusal processing step
Personal
Other
Total
%
Notified in writing of intention to refuse request
834
732
1,566
-
Request was subsequently refused or withdrawn
560
473
1,033
66
Request was subsequently processed
274
259
533
34
Table D.6: Time taken to respond to FOI requests
2015–16
2016–17
Response time
Personal
Other
Total
Personal
Other
Total
Within applicable statutory time period
23,170
3,099
26,269
16,343
3,264
19,607
1 — 30 days over
3,453
313
3,766
3,475
325
3,800
31 — 60 days over
1,129
149
1,278
2,746
83
2,829
61 — 90 days over
632
63
695
2,549
46
2,595
90 + days over
1,063
102
1,165
5,006
192
5,198
Total
29,447
3,726
33,173
30,119
3,910
34,029
Table D.7: Determinations of FOI requests for amendment of personal records
Decision
2013‑14
%
2014‑15
%
2015‑16
%
2016‑17
%
Requests granted: amend record
2,040
61.8
1,624
63.9
1,497
60.2
625
55.6
Requests granted: annotate record
208
6.3
203
8.0
154
6.2
136
12.1
Requests granted: amend and annotate record
-
-
2
0.1
1
-
3
0.3
Requests refused
1,055
31.9
713
28.0
835
33.6
360
32.0
Total decided
3,303
100
2,542
100
2,487
100
1,124
100
Charges
Section 29 of the FOI Act provides for an agency or minister to impose charges for costs associated with processing some FOI requests. There is no charge for making an application.
Under the Freedom of Information (Charges) Regulations 1982, charges apply only to an initial access decision under Part III of the FOI Act. Charges that agencies can impose include costs associated with search and retrieval time, collating information and photocopying. An applicant may request that a charge be reduced or not imposed, and the agency must consider that request.
Table D.10: Charges collected 2016–17 — top 20 agencies and others
Agency
Requests received
Requests where charges were notified
Total charges notified $
Total charges collected $
Department of Health
337
134
97,831
21,984
Department of Education and Training
157
73
29,585
12,891
Australian Taxation Office
1,114
21
10,248
9,668
Department of Foreign Affairs and Trade
222
81
29,185
9,007
Department of the Environment and Energy
129
31
18,440
8,534
Department of Defence
384
67
14,237
6,857
Department of the Prime Minister and Cabinet
198
21
9,584
5,535
Department of Finance
159
48
35,894
4,911
Civil Aviation Safety Authority
113
31
13,529
4,581
Australian Transaction Reports and Analysis Centre (AUSTRAC)
166
11
4,455
4,326
Department of Veterans’ Affairs
3,095
57
4,578
4,196
Department of Human Services
7,457
121
20,270
3,989
Department of Industry, Innovation and Science
87
15
6,914
3,482
Food Standards Australia New Zealand
10
4
6,282
3,415
Department of Agriculture and Water Resources
85
21
9,941
3,392
Department of Infrastructure and Regional Development
109
24
11,095
3,185
Australian Competition and Consumer Commission
61
20
6,726
2,801
Clean Energy Regulator
22
4
2,407
2,407
Australian Bureau of Statistics
63
13
12,419
2,388
Attorney-General’s Department
215
17
18,214
2,245
Total - Top 20
14,183
814
36,1834
119,794
Remaining agencies and ministers
25,336
503
143,560
27,249
Total
39,519
1317
505,394
147,043
Disclosure log
All Australian Government agencies and ministers that are subject to the FOI Act are required to maintain an FOI disclosure log on their website. The disclosure log lists information that has been released to FOI applicants, subject to some exceptions (such as personal information).
In 2016–17, 98 agencies and ministers provided information on disclosure log activity (up from 89 in 2015–16). Collectively, they listed 958 documents on their disclosure logs and counted 59,738 page views.
Review of FOI decisions
Under the FOI Act, an applicant who is dissatisfied with the decision of an agency on their initial FOI request has several avenues of review or redress.
A person who is dissatisfied with an agency’s access grant or access refusal decision can either apply for internal review or IC review of that decision.
Table D.11: Internal agency review of decisions — outcomes
Internal agency review decision
Personal
Other
2016–17 total
Decisions affirmed
149
145
294
Access granted in full
68
18
86
Access granted in part
142
60
202
Access granted after deferment
5
2
7
Access granted in another form
9
2
11
Charges reduced
1
15
16
Lesser access
3
7
10
Withdrawn without concession
16
17
33
Total
393
266
659
Information Commissioner review of FOI decisions
Table D.12: Top 20 IC review applications received
Agency
Total FOI requests received by agency
Access refusal decisions
Access grant decisions
Total IC reviews
Department of Immigration and Border Protection
18,218
140
0
140
Department of Human Services
7,457
91
0
91
Australian Taxation Office
1,114
46
0
46
Australian Securities and Investments Commission
194
19
8
27
Australian Federal Police
639
26
1
27
Department of Defence
384
25
2
27
Department of Health
337
17
1
18
Department of the Prime Minister and Cabinet
198
16
0
16
Department of Foreign Affairs and Trade
222
16
0
16
Prime Minister of Australia
63
14
0
14
Attorney-General’s Department
215
11
0
11
Australian Sports Anti-Doping Authority
39
9
0
9
Commonwealth Ombudsman
171
7
0
7
Department of the Treasury
224
7
0
7
Department of Veterans’ Affairs
3,095
6
1
7
Department of Employment
173
6
0
6
Department of the Environment and Energy
129
5
1
6
Australian Postal Corporation
125
6
0
6
Civil Aviation Safety Authority
94
6
0
6
Australian Human Rights Commission
55
5
1
6
Subtotal
33,146
478
15
493
Remaining agencies/ministers
6,373
131
8
139
Total
39,519
609
23
632
Table D.13: IC review outcomes 2013–14 to 2016–17 and % change from 2015–16 to 2016–17
Information Commissioner decisions
2013‑14
2014‑15
2015‑16
2016‑17
% of 2016‑17 total
s 54N — out of jurisdiction or invalid
59
37
44
34
6.60
s 54R — withdrawn
111
59
81
115
22.33
s 54R — withdrawn/conciliated
71
51
78
93
18.06
s 54W(a) — deemed acceptance of PV/appraisal
27
26
7
0
0
s 54W(a)(i) — frivolous, vexatious, misconceived, lacking in substance, or not in good faith
170
87
94
66
12.82
s 54W(a)(ii) — failure to cooperate
62
19
7
57
11.07
s 54W(a)(iii) — lost contact
0
5
5
3
0.58
s 54W(b) — refer AAT
41
61
32
15
2.91
s 55F — set aside by agreement
1
0
2
7
1.36
s 55F — varied by agreement
1
2
7
5
0.97
s 55F — affirmed by agreement
1
2
1
1
0.19
s 55G — substituted
4
5
16
15
2.91
s 55K — affirmed by IC
32
48
28
48
9.32
s 55K — affirmed by IC following revised decision during IC review
8
5
11
17
3.30
s 55K — set aside by IC
53
52
22
23
4.47
s 55K — varied by IC
5
23
19
16
3.11
Total
646
482
454
515
100%
Administrative Appeals Tribunal review
An application may be made to the AAT for review of the Commissioner’s IC review decisions and where the Commissioner has indicated a matter is better dealt with directly by the AAT.
As with IC review, the AAT conducts a merits review process. The AAT’s decisions are appealable to the Federal Court of Australia, but only on a question of law.
Table D.14: Applications to AAT for FOI review in 2016–17
Agency
Applications
Aged Care Complaints Commissioner
1
Austrade
1
Australian Fisheries Management Authority
2
Australian Health Practitioner Regulation Agency
1
Australian Postal Corporation
1
Australian Securities and Investments Commission
1
Australian Sports Commission
1
Australian Taxation Office
7
Bureau of Meteorology
1
Department of Defence
4
Department of the Environment and Energy
2
Department of Foreign Affairs and Trade
1
Department of Human Services
1
Department of Immigration and Border Protection
9
Department of Veterans’ Affairs
1
Minister for Communications and the Arts
1
Prime Minister of Australia
3
Office of the Australian Information Commissioner (vexatious applicant declaration)
1
Total
39
Table D.15: Outcomes of FOI reviews finalised by the AAT in 2016–17
AAT outcomes
Number
By decision
Decision affirmed
8
Decision varied/set aside/remitted
7
Other
Dismissed by AAT
1
No jurisdiction
0
Extension of time refused
0
By consent or withdrawn
Decision affirmed
0
Decision varied/set aside/remitted
4
Dismissed by consent
1
Dismissed by operation of law
0
Withdrawn by applicant
13
Total
34
Impact of FOI on agency resources
To assess the impact on agency resources on compliance with the FOI Act, agencies are required to estimate the hours that staff spent on FOI matters and the non-labour costs directly attributable to FOI, such as training and legal costs.
Table D.16: Comparative total yearly cost of FOI processing
Year
Total cost $
Year
Total cost $
Year
Total cost $
1982–83*
7,502,355
1994–95
11,955,482
2006–07
24,936,178
1983–84
15,106,511
1995–96
14,564,562
2007–08
29,474,653
1984–85
16,496,961
1996–97
15,972,950
2008–09
30,358,484
1985–86
15,711,889
1997–98
12,191,478
2009–10
27,484,129
1986–87
13,336,864
1998–99
13,066,029
2010–11
36,318,030
1987–88
11,506,931
1999–00
14,035,394
2011–12
41,718,803
1988–89
10,494,376
2000–01
14,415,406
2012–13
45,231,147
1989–90
10,373,321
2001–02
17,387,088
2013–14
41,836,685
1990–91
9,921,772
2002–03
18,398,181
2014–15
40,021,572
1991–92
12,723,097
2003–04
20,189,136
2015–16
41,151,698
1992–93
12,702,329
2004–05
22,860,022
2016–17
44,787,154
1993–94
13,977,360
2005–06
24,903,771
Table D.17: Average cost per FOI request for last ten years
Year
Requests determined
Total cost
Average cost per request determined $
2007–08
31,367
29,474,653
940
2008–09
25,139
30,358,484
1,208
2009–10
19,583
27,484,129
1,403
2010–11
20,187
36,318,030
1,799
2011–12
22,237
41,718,803
1,876
2012–13
21,764
45,231,147
2,078
2013–14
23,106
41,836,685
1,811
2014–15
29,000
40,021,572
1,380
2015–16
33,173
41,151,698
1,241
2016–17
34,029 (2.6% increase)
44,787,154 (8.8% increase)
1,316 (6% increase)
Table D.18: Reported time spent by staff on FOI matters for years 2013–14 to 2016–17 and % change between 2015–16 and 2016–17
Percentage of time spent
2013‑14
2014‑15
2015‑16
2016‑17
+/- %
Staff numbers: 75–100% of time spent on FOI matters
287
291
259
276
6.56
Staff numbers: Less than 75% of time spent on FOI matters
3,623
3,046
3,378
3,600
6.57
Total staff hours
630,936
589,726
614,424
670,986
9.21
Total staff years
315.5
294.9
307.2
335.5
-
Table D.19: Estimated staff costs of FOI processing for 2016–17
Table D.20: Non-labour costs for FOI processing for years 2013–14 to 2016–17, and the percentage change between 2015–16 and 2016–17.
Costs $
2013–14
2014–15
2015–16
2016–17
%+/-
General legal advice
830,002
1,031,544
483,263
1,268,462
162.48
Litigation
157,781
764,772
930,047
635,240
-31.70
Total legal costs
987,783
1,796,316
1,413,310
1,903,702
34.70
General administrative
706,032
378,265
309,987
237,932
-23.24
Training
134,989
334,599
341,303
244,765
-28.29
Other
78,352
114,453
273,007
48,792
-82.00
Total
1,907,156
2,623,633
2,337,607
2,435,191
4.17
Impact of the Information Publication Scheme on agency resources
Agencies are required to provide information about the costs of meeting their obligations under the Information Publication Scheme (IPS), which commenced on 1 May 2011.
Information Publication Scheme costs
Table D.21: Reported time spent by staff on IPS matters for years 2013–14 to 2016–17, and the percentage change between 2015–16 and 2016–17
Percentage of time spent
2013‑14
2014‑15
2015‑16
2016‑17
%+/-
Staff numbers: 75–100% of time spent on IPS
17
5
8
9
12.5
Staff numbers: Less than 75% of time spent on IPS
415
240
212
280
32.08
Total staff hours
26,116
10,696
7,083
6,705
- 5.34
Total staff years
13.1
5.3
3.5
3.35
-
Table D.22: Estimated staff costs of IPS for 2016–17
Australian Transaction Reports and Analysis Centre
BGA
Block Grant Authority
CALC
Consumer Action Law Centre
CASA
Civil Aviation Safety Authority
CCLCSA
Consumer Credit Law Centre South Australia
CII
Commissioner-Initiated Investigation
CIO
Credit and Investments Ombudsman
CHF
Consumers Health Forum of Australia
CPN
Consumer Privacy Network
DBN
Data Breach Notification
DHS
Department of Human Services
DIBP
Department of Immigration and Border Protection
DSS
Department of Social Services
DVS
Document Verification Service
EDR
External dispute resolution
EFA
Electronic Frontiers Australia Inc.
ESD
Ecologically Sustainable Development
EWOQ
Energy + Water Ombudsman Queensland
EWON
Energy & Water Ombudsman NSW
EWOSA
Energy & Water Ombudsman SA
EWOV
Energy and Water Ombudsman Victoria
EWOWA
Energy and Water Ombudsman Western Australia
FOS
Financial Ombudsman Service
FOI
Freedom of information
FTE
Full-Time Equivalent
GDPR
General Data Protection Regulation
GP
General practice
GPEN
Global Privacy Enforcement Network
GST
Goods and Services Tax
HI
Healthcare Identifiers
IC
Information Commissioner
Information Commissioner
Australian Information Commissioner, within the meaning of the Australian Information Commissioner Act 2010
IPP
Information Privacy Principle
IPS
Information Publication Scheme
MDBA
Murray-Darling Basin Authority
MOU
Memorandum of Understanding
MYEFO
Mid-Year Economic and Fiscal Outlook
My Health Records Act
My Health Records Act 2012
NAB
National Australia Bank
NDB
Notifiable Data Breaches
NPP
National Privacy Principle
OAIC
Office of the Australian Information Commissioner
PGPA Act
Public Governance, Performance and Accountability Act 2013
PPN
Privacy Professionals’ Network
Privacy Act
Privacy Act 1988
PAW
Privacy Awareness Week
PIA
Privacy Impact Assessment
PTO
Public Transport Ombudsman Victoria
SES
Senior Executive Service
SI
Student Identifier
SME
Small and Medium Enterprises
SRC Act
Safety, Rehabilitation and Compensation Act 1988
TAP
Talking about performance
Telecommunications Act
Telecommunications Act 1997
TCO
Tolling Customer Ombudsman
TFN
Tax File Number
TIA Act
Telecommunications (Interception and Access) Act 1979
TIO
Telecommunications Industry Ombudsman
TPPs
Territory Privacy Principles
WHS
Workplace Health and Safety
Appendix F: Correction of material errors
Correction of errors in the Office of the Australian Information Commissioner Annual Report 2015–16.
Page 3
The OAIC incorrectly referenced ‘Subsection 63(1) of the Public Service Act 1999’ in the transmittal letter. The correct reference is section 46 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act)
Page 12
The first paragraph referenced the 2015–16 Budget; the correct reference was the 2016–17 Budget.
Page 14
The number of privacy complaints about credit reporting bodies was incorrectly reported as 153 rather than 151 and telecommunications reported as 151 rather than 153 (however the figures shown on page 42 relating to this subject are correct).
Page 16
The rise in FOI enquiries was incorrectly reported as 19% rather than 31%.
The number of Information Commissioner reviews of FOI requests was incorrectly reported as 323 rather than 373 (for 2014–15).
Appendix G: Index
The index is not available in accessible HTML. If you require the index in an alternate format, please send your request to website@oaic.gov.au.
Appendix H: Requirements
PGPA rule reference
Description
Requirement
Part of report
17AD(g) Letter of transmittal
17AI
A copy of the letter of transmittal signed and dated by accountable authority on date final text approved, with statement that the report has been prepared in accordance with section 46 of the Act and any enabling legislation that specifies additional requirements in relation to the annual report.
Mandatory
3
17AD(h) Aids to access
17AJ(a)
Table of contents.
Mandatory
4
17AJ(b)
Alphabetical index.
Mandatory
187
17AJ(c)
Glossary of abbreviations and acronyms.
Mandatory
183
17AJ(d)
List of requirements.
Mandatory
200
17AJ(e)
Details of contact officer.
Mandatory
2
17AJ(f)
Entity’s website address.
Mandatory
2
17AJ(g)
Electronic address of report.
Mandatory
2
17AD(a) Review by accountable authority
17AD(a)
A review by the accountable authority of the entity.
Mandatory
14–17
17AD(b) Overview of the entity
17AE(1)(a)(i)
A description of the role and functions of the entity.
Mandatory
9
17AE(1)(a)(ii)
A description of the organisational structure of the entity.
Mandatory
23–26
17AE(1)(a)(iii)
A description of the outcomes and programmes administered by the entity.
Mandatory
38–83
17AE(1)(a)(iv)
A description of the purposes of the entity as included in corporate plan.
Mandatory
10
17AE(1)(b)
An outline of the structure of the portfolio of the entity.
Portfolio departments - mandatory
9, 23–26
17AE(2)
Where the outcomes and programs administered by the entity differ from any Portfolio Budget Statement, Portfolio Additional Estimates Statement or other portfolio estimates statement that was prepared for the entity for the period, include details of variation and reasons for change.
If applicable, Mandatory
N/A
17AD(c) Report on the Performance of the entity
Annual performance Statements
17AD(c)(i); 16F
Annual performance statement in accordance with paragraph 39(1)(b) of the Act and section 16F of the Rule.
Mandatory
38–83
17AD(c)(ii) Report on Financial Performance
17AF(1)(a)
A discussion and analysis of the entity’s financial performance.
Mandatory
112–149
17AF(1)(b)
A table summarising the total resources and total payments of the entity.
Mandatory
153–154
17AF(2)
If there may be significant changes in the financial results during or after the previous or current reporting period, information on those changes, including: the cause of any operating loss of the entity; how the entity has responded to the loss and the actions that have been taken in relation to the loss; and any matter or circumstances that it can reasonably be anticipated will have a significant impact on the entity’s future operation or financial results.
If applicable, Mandatory.
112–149, 153–154
17AD(d) Management and Accountability
Corporate Governance
17AG(2)(a)
Information on compliance with section 10 (fraud systems)
Mandatory
110
17AG(2)(b)(i)
A certification by accountable authority that fraud risk assessments and fraud control plans have been prepared.
Mandatory
3
17AG(2)(b)(ii)
A certification by accountable authority that appropriate mechanisms for preventing, detecting incidents of, investigating or otherwise dealing with, and recording or reporting fraud that meet the specific needs of the entity are in place.
Mandatory
3
17AG(2)(b)(iii)
A certification by accountable authority that all reasonable measures have been taken to deal appropriately with fraud relating to the entity.
Mandatory
3
17AG(2)(c)
An outline of structures and processes in place for the entity to implement principles and objectives of corporate governance.
Mandatory
100
17AG(2)(d) — (e)
A statement of significant issues reported to Minister under paragraph 19(1)(e) of the Act that relates to non-compliance with Finance law and action taken to remedy non-compliance.
If applicable, Mandatory
N/A
External Scrutiny
17AG(3)
Information on the most significant developments in external scrutiny and the entity’s response to the scrutiny.
Mandatory
N/A
17AG(3)(a)
Information on judicial decisions and decisions of administrative tribunals and by the Australian Information Commissioner that may have a significant effect on the operations of the entity.
If applicable, Mandatory
N/A
17AG(3)(b)
Information on any reports on operations of the entity by the Auditor-General (other than report under section 43 of the Act), a Parliamentary Committee, or the Commonwealth Ombudsman.
If applicable, Mandatory
N/A
17AG(3)(c)
Information on any capability reviews on the entity that were released during the period.
If applicable, Mandatory
N/A
Management of Human Resources
17AG(4)(a)
An assessment of the entity’s effectiveness in managing and developing employees to achieve entity objectives.
Mandatory
102
17AG(4)(b)
Statistics on the entity’s APS employees on an ongoing and non-ongoing basis; including the following:
Statistics on staffing classification level
Statistics on full-time employees
Statistics on part-time employees
Statistics on gender
Statistics on staff location
Statistics on employees who identify as Indigenous
Mandatory
103
17AG(4)(c)
Information on any enterprise agreements, individual flexibility arrangements, Australian workplace agreements, common law contracts and determinations under subsection 24(1) of the Public Service Act 1999.
Mandatory
106
17AG(4)(c)(i)
Information on the number of SES and non-SES employees covered by agreements etc identified in paragraph 17AG(4)(c).
Mandatory
103
17AG(4)(c)(ii)
The salary ranges available for APS employees by classification level.
Mandatory
103
17AG(4)(c)(iii)
A description of non-salary benefits provided to employees.
Mandatory
105
17AG(4)(d)(i)
Information on the number of employees at each classification level who received performance pay.
If applicable, Mandatory
106
17AG(4)(d)(ii)
Information on aggregate amounts of performance pay at each classification level.
If applicable, Mandatory
N/A
17AG(4)(d)(iii)
Information on the average amount of performance payment, and range of such payments, at each classification level.
If applicable, Mandatory
N/A
17AG(4)(d)(iv)
Information on aggregate amount of performance payments.
If applicable, Mandatory
N/A
Assets Management
17AG(5)
An assessment of effectiveness of assets management where asset management is a significant part of the entity’s activities.
If applicable, mandatory
N/A
Purchasing
17AG(6)
An assessment of entity performance against the Commonwealth Procurement Rules.
Mandatory
108
Consultants
17AG(7)(a)
A summary statement detailing the number of new contracts engaging consultants entered into during the period; the total actual expenditure on all new consultancy contracts entered into during the period (inclusive of GST); the number of ongoing consultancy contracts that were entered into during a previous reporting period; and the total actual expenditure in the reporting year on the ongoing consultancy contracts (inclusive of GST).
Mandatory
108
17AG(7)(b)
A statement that “During [reporting period], [specified number] new consultancy contracts were entered into involving total actual expenditure of $[specified million]. In addition, [specified number] ongoing consultancy contracts were active during the period, involving total actual expenditure of $[specified million]”.
Mandatory
108
17AG(7)(c)
A summary of the policies and procedures for selecting and engaging consultants and the main categories of purposes for which consultants were selected and engaged.
Mandatory
108
17AG(7)(d)
A statement that “Annual reports contain information about actual expenditure on contracts for consultancies. Information on the value of contracts and consultancies is available on the AusTender website.”
Mandatory
108
Australian National Audit Office Access Clauses
17AG(8)
If an entity entered into a contract with a value of more than $100 000 (inclusive of GST) and the contract did not provide the Auditor-General with access to the contractor’s premises, the report must include the name of the contractor, purpose and value of the contract, and the reason why a clause allowing access was not included in the contract.
If applicable, Mandatory
N/A
Exempt contracts
17AG(9)
If an entity entered into a contract or there is a standing offer with a value greater than $10 000 (inclusive of GST) which has been exempted from being published in AusTender because it would disclose exempt matters under the FOI Act, the annual report must include a statement that the contract or standing offer has been exempted, and the value of the contract or standing offer, to the extent that doing so does not disclose the exempt matters.
If applicable, Mandatory
N/A
Small business
17AG(10)(a)
A statement that “[Name of entity] supports small business participation in the Commonwealth Government procurement market. Small and Medium Enterprises (SME) and Small Enterprise participation statistics are available on the Department of Finance’s website.”
Mandatory
109
17AG(10)(b)
An outline of the ways in which the procurement practices of the entity support small and medium enterprises.
Mandatory
109
17AG(10)(c)
If the entity is considered by the Department administered by the Finance Minister as material in nature—a statement that “[Name of entity] recognises the importance of ensuring that small businesses are paid on time. The results of the Survey of Australian GovernmentPayments to Small Business are available on the Treasury’s website.”
If applicable, Mandatory
109
Financial Statements
17AD(e)
Inclusion of the annual financial statements in accordance with subsection 43(4) of the Act.
Mandatory
112–149
17AD(f) Other Mandatory Information
17AH(1)(a)(i)
If the entity conducted advertising campaigns, a statement that “During [reporting period], the [name of entity] conducted the following advertising campaigns: [name of advertising campaigns undertaken]. Further information on those advertising campaigns is available at [address of entity’s website] and in the reports on Australian Government advertising prepared by the Department of Finance. Those reports are available on the Department of Finance’s website.”
If applicable, Mandatory
110
17AH(1)(a)(ii)
If the entity did not conduct advertising campaigns, a statement to that effect.
If applicable, Mandatory
N/A
17AH(1)(b)
A statement that “Information on grants awarded by [name of entity] during [reporting period] is available at [address of entity’s website].”
If applicable, Mandatory
110
17AH(1)(c)
Outline of mechanisms of disability reporting, including reference to website for further information.
Mandatory
110
17AH(1)(d)
Website reference to where the entity’s Information Publication Scheme statement pursuant to Part II of FOI Act can be found.
Mandatory
110
17AH(1)(e)
Correction of material errors in previous annual report
