Pbs Office of the Australian Information Commissioner - 2016-17

Office of the Australian Information Commissioner

Office of the Australian Information Commissioner

Section 1: Entity overview and resources

1.1Strategic direction statement

The Office of the Australian Information Commissioner (OAIC) is an Australian Government entity established under the Australian Information Commissioner Act2010.

The functions of the OAIC include:

•privacy functions—ensuring proper handling of personal information in accordance with the Privacy Act 1988 and other legislation

•freedom of information (FOI) functions—protecting the public’s right of access to documents under the Freedom of Information Act 1982 (FOI Act).

In the 2014–15 Budget, the Australian Government announced that the OAIC would cease operation as part of its commitment to smaller government. New arrangements for privacy and FOI regulation were to commence from 1 January 2015, following passage of legislation to implement these changes. Funding transfers to the Australian Human Rights Commission and other agencies to facilitate these changed arrangements occurred as part of the 2014–15 Budget.

The government has decided not to proceed with these proposed changes and the OAIC will have ongoing responsibility for privacy and FOI regulation. Ongoing funding for these functions is provided in the 2016–17 Budget. FOI funding is provided on the basis of the streamlined approach to FOI reviews adopted by the OAIC since the 2014–15 Budget. Accordingly, funding provided to the Administrative Appeals Tribunal in
2014–15 will remain with the tribunal on the basis that some matters may be considered by the tribunal, where the OAIC determines under section54W(b) that it is in the interests of the administration of the FOI Act for this to occur.

In 2016–17 and the forward years, the OAIC will focus on its strategic goals of:

•promoting and upholding information access rights

•promoting and upholding information privacy rights

•achieving organisational excellence by supporting and developing the OAIC’s people, systems and processes.

1.2Entity resource statement

Table 1.1 shows the total funding from all sources available to the OAIC for its operations and to deliver programs and services on behalf of the government.

Table 1.1 is prepared on a resourcing (appropriations and cash available) basis, while the outcome expenses table in section 2 and the financial statements in section 3 are prepared on an accrual basis.

Table 1.1: Entity resource statement—Budget estimates for 2016–17 as at Budget May 2016

2015–16 Estimated actual
$’000 / 2016–17 Estimate
$’000
DEPARTMENTAL
Annual appropriations—ordinary annual services(a)
Prior year appropriations available / 4,295 / 4,475
Departmental appropriation / 9,328 / 10,622
s 74 retained revenue receipts(b) / 3,153 / 3,777
Departmental capital budget(c) / 20 / –
Total net resourcing for entity / 16,796 / 18,874
2015–16 / 2016–17
Average staffing level (number) / 72 / 75

Prepared on a resourcing (appropriations and cash available) basis.

Note: All figures are GST exclusive and may not match figures in the cash flow statement.

(a) Appropriation Bill (No. 1) 2016–17.

(b) Estimated retained revenue receipts under section 74 of the Public Governance, Performance and Accountability Act 2013.

(c) Departmental capital budgets are not separately identified in Appropriation Bill (No.1) and form part of ordinary annual services items. See Table 3.5 for further details. For accounting purposes, this amount is designated as ‘contributions by owners’.

1.3Budget measures

Budget measures announced since the 2015–16 Mid-Year Economic and Fiscal Outlook(MYEFO) relating to the OAIC are detailed in Budget Paper No.2 and are summarised in Part1 of Table1.2. MYEFO measures and other measures not previously reported in a portfolio statement are summarised in Part2.

Table 1.2: Entity 2016–17 Budget measures

Part 1: Measures announced since the 2015–16 MYEFO

Program / 2015–16 $’000 / 2016–17 $’000 / 2017–18 $’000 / 2018–19 $’000 / 2019–20 $’000
Expense measures
Office of the Australian Information Commissioner—continuation / 1.1
Departmental expenses / – / 9,342 / 9,298 / 9,331 / 9,363
Total expense measures / – / 9,342 / 9,298 / 9,331 / 9,363

Prepared on a Government Finance Statistics (fiscal) basis. Figures displayed as a negative represent a decrease in funds, and figures displayed as a positive represent an increase in funds.

Part 2: MYEFO measures and other measures not previously reported in a portfolio statement

Program / 2015–16 $’000 / 2016–17 $’000 / 2017–18 $’000 / 2018–19 $’000 / 2019–20 $’000
Expense measures
Public Sector Savings—Shared and Common Services Programme(a) / 1.1
Departmental expenses / – / (21) / (42) / (42) / –
Public Sector Superannuation Accumulation Plan administration fees(b) / 1.1
Departmental expenses / – / (7) / (7) / (7) / (7)
Total expense measures / – / (28) / (49) / (49) / (7)

Prepared on a Government Finance Statistics (fiscal) basis. Figures displayed as a negative represent a decrease in funds, and figures displayed as a positive represent an increase in funds.

(a) This is a cross-portfolio measure that was published in the 2015–16 MYEFO. The lead entity is the Department of Finance.

(b) This is a cross-portfolio measure that was published in the 2014–15 MYEFO. The lead entity is the Department of Finance.

Section 2: Outcomes and planned performance

Government outcomes are the intended results, impacts or consequences of actions by the government on the Australian community. Commonwealth programs are the primary vehicle by which government entities achieve the intended results of their outcome statements. Entities are required to identify the programs that contribute to government outcomes over the budget and forward years.

The OAIC’s outcome is described below together with its related program.

Note: From 1 July 2015, performance reporting requirements in the Portfolio Budget Statements sit alongside the requirements under the enhanced Commonwealth performance framework. It is anticipated that the performance criteria described in Portfolio Budget Statements will be read with broader information provided in an entity’s corporate plans and annual performance statements—included in annual reports from October 2016—to provide the entity’s complete performance story.

2.1Budgeted expenses and performance for Outcome 1

Budgeted expenses for Outcome 1

Table 2.1 shows how much OAIC intends to spend (on an accrual basis) on achieving Outcome 1, broken down by program and by departmental funding sources.

Table 2.1: Budgeted expenses for Outcome 1

2015–16 Estimated actual
$’000 / 2016–17
Budget
$’000 / 2017–18 Forward estimate
$’000 / 2018–19 Forward estimate
$’000 / 2019–20
Forward estimate
$’000
Program 1.1: Complaint handling, compliance and monitoring, and education and promotion
Departmental expenses
Departmental appropriation / 9,328 / 10,622 / 10,567 / 10,597 / 9,347
s 74 retained revenue receipts(a) / 3,262 / 3,777 / 173 / – / –
Expenses not requiring appropriation in the budget year(b) / 593 / 593 / 593 / 593 / 593
Total expenses for Outcome 1 / 13,183 / 14,992 / 11,333 / 11,190 / 9,940
2015–16 / 2016–17
Average staffing level (number) / 72 / 75

Note: Departmental appropriation splits and totals are indicative estimates and may change in the course of the budget year as government priorities change.

(a) Estimated expenses incurred in relation to receipts retained under section 74 of the Public Governance, Performance and Accountability Act 2013.

(b) Expenses not requiring appropriation in the budget year are made up of depreciation and amortisation expenses and audit fees.

Performance criteria for Outcome 1

Table 2.2 details the performance criteria for the program associated with Outcome1. It also summarises how the program is delivered.

Table 2.2: Performance criteria for Outcome 1

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
Delivery / •Providing a privacy complaint handling service for the public.
•Promoting awareness and understanding of privacy rights in the community including the production of educational materials and a public information service on privacy-related matters.
•Conducting performance assessments and investigations and handling voluntary and mandatory data breach notifications for entities covered under the Privacy Act1988.
•Assisting entities covered under the Privacy Act 1988 to improve understanding of privacy compliance.
•When necessary, developing legislative instruments that are in the public interest.
•Managing Information Commissioner reviews and complaints under the Freedom of Information Act 1982.
Performance information
Year / Performance criteria / Targets
2015–16 / OAIC merits review and complaint handling processes meet the following timeliness and quality benchmarks:
•percentage of privacy complaints finalised within 12months / 80% (on track to meet target)
•percentage of FOI complaints finalised within 12months / 80% (target is not applicable)
•time taken from commencement to finalisation of performance assessments / Six months (on track to meet target)
•percentage of Information Commissioner reviews completed in 12 months. / 80% (on track to meet target)
Information and education products meet stakeholder needs. / On track to meet target.
2016–17 / Handling privacy complaints / 80% of privacy complaints are finalised within 12 months.
Conducting assessments / The median for the completion of assessments is within sixmonths.
Conducting Commissioner-initiated investigations (CIIs) and handling voluntary and mandatory data breach notifications / 80% of CIIs are finalised within eightmonths and 80% of data breach notifications are handled or escalated to CII within 60 days.
80% of eHealth data breach notifications are handled or escalated to CII within 60days.
Providing a public information service / 100% of enquiries are finalised within 10days.
Program 1.1: Complaint handling, compliance and monitoring, and education and promotion (continued)
Performance information
Year / Performance criteria / Targets
2016–17 (continued) / Assisting regulated entities to improve understanding of privacy compliance / Key privacy resources are identified, developed and promoted for business, government and the community.
Consultations are undertaken with stakeholders on significant privacy resources.
Proposed enactments and government programs are monitored for privacy impacts.
Advice is provided to government agencies and guidance to business on emerging privacy issues.
Promoting awareness and understanding of privacy and information access rights in the community / Privacy Awareness Week campaign is held, with an increase in the number of participating private and public sector entities and an increase in wider community engagement.
FOI education and information products meet stakeholder needs.
Developing legislative instruments / Applications for Public Interest Determinations and Australian Privacy Principles codes are considered and legislative instruments are up to date.
Provide a timely and effective Information Commissioner review function / 80% of Information Commissioner reviews are completed within 12 months.
Handling FOI complaints / 80% of FOI complaints are finalised within 12months.
2017–18 and beyond / Same as for 2016–17. / Same as for 2016–17.
Purpose / The OAIC’s mission is to promote and uphold information privacy and information access rights through organisational excellence.
The OAIC is successful when it:
•assists entities covered by the Privacy Act 1988 to meet their privacy obligations while encouraging better privacy practice
•influences government policy makers to consider privacy impacts when drafting legislation and new policy proposals
•handles FOI regulatory functions under the Freedom of Information Act 1982 in an efficient and timely manner.

Section 3: Budgeted financial statements

This section presents budgeted financial statements that provide a comprehensive snapshot of entity finances for the 2016–17budget year, including the impact of budget measures and resourcing.

3.1Differences between entity resourcing and financial statements

There is no material difference between the entity resourcing and financial statements.

3.2Analysis of budgeted financial statements

The OAIC is budgeting for an underlying break-even operating result for the budget year and forward estimates, after taking into account unfunded depreciation and amortisation expenses.

3.3Budgeted financial statements tables

Table 3.1: Comprehensive income statement (showing net cost of services)
for the period ended 30June

2015–16 Estimated actual $’000 / 2016–17 Budget $’000 / 2017–18 Forward estimate $’000 / 2018–19 Forward estimate $’000 / 2019–20 Forward estimate $’000
EXPENSES
Employee benefits / 9,632 / 9,979 / 7,123 / 7,167 / 7,167
Suppliers / 2,991 / 4,453 / 3,650 / 3,463 / 2,213
Depreciation and amortisation / 560 / 560 / 560 / 560 / 560
Total expenses / 13,183 / 14,992 / 11,333 / 11,190 / 9,940
LESS:
OWN-SOURCE INCOME
Own-source revenue
Sale of goods and rendering of services / 3,262 / 3,777 / 173 / – / –
Total own-source revenue / 3,262 / 3,777 / 173 / – / –
Gains
Other / 33 / 33 / 33 / 33 / 33
Total gains / 33 / 33 / 33 / 33 / 33
Total own-source income / 3,295 / 3,810 / 206 / 33 / 33
Net cost of (contribution by) services / 9,888 / 11,182 / 11,127 / 11,157 / 9,907
Revenue from government / 9,328 / 10,622 / 10,567 / 10,597 / 9,347
Surplus (deficit) attributable to the Australian Government / (560) / (560) / (560) / (560) / (560)
OTHER COMPREHENSIVE INCOME
Changes in asset revaluation surplus / – / – / – / – / –
Total other comprehensive income / – / – / – / – / –
Total comprehensive income (loss) / (560) / (560) / (560) / (560) / (560)
Total comprehensive income (loss) attributable to the Australian Government / (560) / (560) / (560) / (560) / (560)
Note: Impact of net cash appropriation arrangements
2015–16 $’000 / 2016–17 $’000 / 2017–18 $’000 / 2018–19 $’000 / 2019–20 $’000
Total comprehensive income (loss) excluding depreciation/amortisation expenses previously funded through revenue appropriations / – / – / – / – / –
Less depreciation/amortisation expenses previously funded through revenue appropriations / 560 / 560 / 560 / 560 / 560
Total comprehensive income (loss) as per the statement of comprehensive income / (560) / (560) / (560) / (560) / (560)