FOIREQ22/00293 005
Total
38
34
26
24
18
Turnover % (based on permanent
25%
18%
18%
24%
21%
staff cessations)
2016/17
2015/16
2014/15
Permanent
11
15
28
Temporary
2
1
3
Total
13
16
31
Turnover % (based on permanent
13%
19%
48%
staff cessations)
Done ←
Leave: Unplanned sick leave per FTE
(Financial year)
2021/22 (as at 31 December 2021)
2020/21
2019/20
2018/19
2017/18
Hours
23.25
47.25
70.43
87.58
77.22
Days
3.1
6.3
9.39
11.68
10.33
Note: to align with current APSC data, the reporting period referred to is between 1 Jul 21 - 31 Dec 21. Hence the as at figure for this column/line is 'as at 31 Dec 21' versus 28 Feb 22
(Financial year)
2016/17
2015/16
2014/15
Hours
83.23
83.38
80.71
Days
11.52
11.12
10.76
Ave smal agencies: 9.8; APS average: 12.2
Leave: Excess leave (number of staff)
(As at)
2021/22 (as at 28 February)
2020/21
2019/20
2018/19
30/06/2018
Dispute resolution
18
13
0
3
4
Freedom of Information
5
-
-
-
-
Regulation and Strategy
5
2
0
1
2
Corporate
9
5
0
2
Executive
4
2
0
2
1
Total
41
22
0
8
7
(As at)
30 June 2017
30 June 2016
30 June 2015
Dispute resolution
6
0
0
Regulation and Strategy
3
3
1
Operations
-
-
-
Executive
1
2
2
Total
10
5
3
Note 1: At present 41 staff are forecasted to have excessive leave credits (ie 30+ days) at the end of financial year. As per OAIC's Enterprise Agreement, the Australian Information Commissioner or delegate may direct an employee to
take annual leave within a reasonable period to reduce their accumulated annual to 6 weeks. The People and Culture team have notifed the identified staff who are projected to have excess leave and working with Directors and staff
to establish reasonable plans to reduce the excess amount between now and 30 June 2022.
FOIREQ22/00293 006
Commissioner brief: Budget summary March 2022
KEY MESSAGES
• OAIC’s budget appropriation reduces from $27.072mil ion in 2022-23 to
$15.559mil ion in 2025-26.
• The 2021-22 Budget provided ongoing funding for FOI Commissioner appointment.
• The 2021-22 Budget excluding dedicated measures is $8.431mil ion
• The 2022-23 Budget excluding dedicated measures is $9.547mil ion
KEY NOTES
• In 2021-22 the OAIC has a total appropriation of $26.730mil ion plus $550,000 in
capital. The total ASL cap is 147.
• During the Additional Budget Estimates process (MYEFO), OAIC was provided with an
additional $1.447mil ion to facilitate the transition of ICT shared services from AHRC to
Department of Education, Skil s and Employment (DESE). Part of this funding is to
support the OAIC’s Federal Court Proceedings.
The above $550,000 capital was provided during MYEFO for the purchase of new ICT
hardware for the transition to DESE.
• The 2022-23 Budget provides the OAIC with total appropriation of $27.605mil ion plus
$630,000 in capital. The total ASL cap is 156. The additional funding is $8.711million
and 27.5ASL for enhanced privacy regulatory work and $364k for CDR future
directions.
Funding measures
• In 2021-22 the OAIC funding includes a mix 10 of ongoing and terminating measures
total ing $18.849mil ion and 70.58 ASL.
• In 2022-23 the OAIC funding includes a mix 8 of ongoing and terminating measures
total ing $18.115mil ion and 78.58 ASL.
After allowing for dedicated measures the OAIC has $9.547million for core privacy
and FOI functions in 2022-23.
• The table at Attachment A details 2021-22 dedicated and terminating measures. And
Attachment B details 2022-23 terminating measures.
FOI
• One of the dedicated measures is FOI funding which provides for an FOI Commissioner
and 3 support staff. This measure commenced 1 July 2021, an Acting FOI
Commissioner, Assistant Commissioner FOI, and APS staff have since been appointed.
Page 1 of 4
FOIREQ22/00293 007
Impact
• The terminating measures reduce the total budget by 36% from 1 July 2024.
In the
event that terminating measures are not renewed or supplemented the OAIC’s
staffing profile will be consolidated.
• The measures terminate over three financial years, 2021-22 to 2023-24. The base
funding, excluding al non-ongoing measures in 2024-25 wil be $14.368mil ion.
• Staff reductions wil result in backlog of privacy complaints, notifiable data breaches,
enquires, Information Commissioner reviews, FOI complaints, and extension of time
requests. Additional y, the OAIC wil be limited in its ability to provide policy advice and
finalise privacy assessments.
Notably, a future backlog wil counter objectives of the 2019-20 Budget where the
received dedicated funding to eliminate its then backlog.
MOUs
• The total MOU value of $252,500 is for the ACT and Passenger Name Record MOUs.
These MOUs are non-ongoing and require renegotiation. Next financial year the total
MOU value decreases to $177,500.
• OAIC’s MOUs are generally for a period of 1 to 3 years.
Staffing
• As at 28 February 2022 the OAIC’s ASL al ocation was 147 and actual ASL 117.
• At the same date the OAIC’s staffing was
Function
Allocation
Actual
Privacy
74
67
(34 R&S / 32 DR + 8 NDB)
(31 R&S / 29 DR + 7 NDB)
FOI
23
22
Executive
7
6
Corporate
24
22
• The staffing composition was 109 ongoing staff and 97 non-ongoing staff and 2 labour
hire staff. This means 84% of staff are ongoing, 15% non-ongoing and 2% labour hire.
• For the period of 1 July to 28 February 2022 the OAIC had an attrition rate of 25%,
reflecting 38 staff resignations or transfers.
Page 2 of 4
FOIREQ22/00293 008
• The OAIC is managing its attrition by supporting learning and development
opportunities, providing higher duty opportunities and considering flexible work
arrangements.
Lease
• Fol owing the demonstrated success of working remotely during the COVID-19
pandemic the OAIC has relinquished one of its two leases. The level 2 lease wil
conclude and represents $1.2mil ion in savings per year which can be redirected to
other requirements, such as staffing or project funding.
Next financial year
1 July 2022
• The OAIC’s appropriation remains steady at $26.708mil ion. The OAIC received funding
for an additional two years to continue 2019-20 Budget initiatives.
• The ASL wil increases slightly from 147 to 156, this includes 52 staff linked to
terminating measures.
Funding measures
• The total funding includes a mix 8 of ongoing and terminating measures total ing
$18.115mil ion and 79 ASL. The 4 terminating measures are valued at $12.548million
and 52 ASL.
This means after allowing for dedicated measures the OAIC has $8.593million and 77
ASL for core privacy and FOI functions.
• The table at Attachment B details 2022-23 dedicated and terminating measures.
Page 3 of 4
FOIREQ22/00293 009
Attachment A: 2021-22 terminating and ongoing measures
Type
Date
Measure
Amount
ASL
Terminating 1 July 2022
Transition of ICT shared
$1,447,000
Nil
services and Federal Court
Proceedings costs
Terminating 1 July 2022
Expanding Digital Identity
$261,000
Nil
Terminating 1 July 2022
Statutory obligations and
$7,500,000
23
social media
Terminating 1 July 2022
Transition of ICT shared
$550,000
Nil
services – capital
Terminating 1 July 2023
Consumer Data Right
$1,454,000
8
Terminating 1 July 2023
My Health Record
$2,070,000 12.8
Ongoing
FOI Commissioner & support
$984,000
3
Ongoing
National Security
$965,000 5.78
Ongoing
Consumer Data Right
$3,058,000
15
Ongoing
MBS/PBS: Medicare data
$560,000
3
matching
$18,849,000 70.58
Attachment B: 2022-23 terminating and ongoing measures
Type
Date
Measure
Amount
ASL
Terminating 1 July 2023
Consumer Data Right
$1,454,000
8
Terminating 1 July 2023
My Health Record
$2,070,000 12.8
Terminating 1 July 2024
Expanding Digital Identity
$782,000
3.5
Terminating 1 July 2024
Privacy regulator
$8,242,000 27.5
Ongoing
FOI Commissioner & support
$984,000
3
Ongoing
National Security
$965,000 5.78
Ongoing
Consumer Data Right
$3,058,000
15
Ongoing
MBS/PBS: Medicare data
$560,000
3
matching
$18,115,000 78.58
Page 4 of 4
FOIREQ22/00293 010
Commissioner brief: Budget and resourcing March 2022
KEY MESSAGES
• Total appropriation for 2021-22 is $26.730mil ion ($25.283mil + $1.447mil MYEFO)
• 2021-22 ASL – cap 147; Actual ASL as at 28 February is 117.
• The 2021-22 Budget provided ongoing funding for FOI Commissioner appointment.
• 2021-22 MYEFO provides additional $1.997mil ion for transition of ICT services and
Federal Court proceedings. It also provides $0.912mil ion for the expansion of Digital
Identity in 2022-23.
• The 2022-23 Budget provides additional funding for privacy regulatory activities. Total
appropriation is $27.605mil ion
KEY BUDGET NOTES
1 July 2021
• MYEFO 2021-22 increased revenue by $1.447 mil ion from $25.283mil ion to
$27.605mil ion. Total capital revenue increased from nil to $0.550mil ion.
Funding is for:
o Transition of ICT shared services $1.098mil ion plus $0.550milion capital.
o Federal Court proceedings: $0.349mil ion
• The published PBS includes $150,000 in MOU funding. Actual MOU is $252,500. (Actual
figures wil be updated in 2022-23 PBS.)
• Total MYEFO published funding is $26.880mil ion including MOU and 147 ASL
• OAIC is permitted to operate at loss of $1.630mil ion for transition of payrol and
finance services to Service Delivery Office. The transition is self-funded.
• The 2021-22 Budget provides $5.951mil ion across five key areas:
o Transition of ICT shared services $1.098mil ion
o Federal Court proceedings: $0.349mil ion
o Freedom of Information: $980,000
o Expansion of Consumer Data Right: $1.454mil ion
o Digital Health: $2.070mil ion.
Page 1 of 18
FOIREQ22/00293 011
1 July 2022
• Appropriation remains steady at $26.730mil ion plus $550,000 in capital. The OAIC
received funding for an additional two years to continue 2019-20 Budget initiatives.
• The ASL cap is 147. Of those, 44 ASL are linked to the below terminating measures.
• The terminating measures are:
o timely responses to privacy complaints and strengthened enforcement action
relating to social media ($7.5mil ion)
o expanding Digital Identity System ($261,000)
o Transition of ICT services and Federal Court proceedings ($1.447mil ion)
1 July 2023
• The 2022-23 Budget provides the OAIC with total appropriation of $27.605mil ion plus
$630,000 in capital. The total ASL cap is 156.
• The additional funding is:
o Privacy regulator ($8.711mil ion)
o CDR future directions ($364k)
• The terminating measures are:
o Expansion of Consumer Data Right ($1.454mil ion)
o My Health Record ($2.070mil ion)
o Expanding digital identity ($0.782mil ion)
o Privacy Regulator ($8.242mil ion).
1 July 2024
• Due to terminating measures OAIC’s appropriation decreases by 36% to $15.460
mil ion
• The ASL staffing cap remains at 104.
Page 2 of 18
FOIREQ22/00293 012
General background
2021-22 Budget
• The OAIC is transiting its payrol and finance services from Australian Human Rights
Commission to Service Delivery Office. The transition is scheduled for completion by
June 2022. The total cost is approximately $1.630mil ion. The OAIC is self-funding the
transition and has obtained permission operate at loss up to this amount.
• The ASL staffing cap is 147. Of those, 23 ASL are linked to measures (Attachment D).
• The published PBS includes $150,000 in MOU funding. Actual MOU funding is $252,000
and $177,500 each year to 30 June 2024.
Estimates can only be updated in the next full
budget round 2022-23 (i.e. not MYEFO round).
• MYEFO provides $1.098mil ion for the transition of ICT services from AHRC to DESE. A
further $0.550mil ion is provided for capital hardware purchases.
• MYEFO provides $0.349mil ion for Federal Court proceedings.
• 2021-22 Budget al ocates $980,000 or $3.949mil ion over the forward estimates for
the appointment of Freedom of Information Commissioner and 3 support staff.
• 2021-22 Budget al ocates $1.454mil ion in 2021-22 and 2022-23 for the expansion of
the Consumer Data Right.
o This is in addition to the approximate $3.058mil ion per year the received in the
2018-19 Budget. ($12.911mil ion over forward estimates including a once-off
capital injection for new office space of $860,000).
• 2021-22 Budget al ocates funding for the OAIC’s regulatory oversight of the MyHealth
Records system. $2.070mil ion is provided for 2021-22 and 2022-23 and replaces MOU
arrangement with the Australian Digital Health Agency.
• The above MyHealth appropriation includes 12.8 ASL, however the funding is
reassignment of MOU to base appropriating and does not represent an increase in
funding or ASL.
2022-23 Budget
• The 2022-23 Budget provides $16.953mil ion over two financial years for privacy
regulatory activities and $0.500mil ion capital. Broadly, this is to continue invites in the
2019-20 Budget.
$8.711mil ion is al ocated in 2022-23 and $8.242mil ion in 2023-24.
• The 2022-23 Budget also provides $3.6 mil ion over 4 years, and $1.1 mil ion per year
ongoing CDR future expansion. $364k is al ocated in 2022-23.
Page 3 of 18
FOIREQ22/00293 013
• OAIC’s total appropriation is $26.708mil ion in 2022-23 plus $0.630mil ion capital.
Other
• The OAIC is in discussions with Government regarding future funding. This includes
continuation of existing appropriation and staffing levels. The OAIC works in
col aboration with other agencies and alerts government to funding requirements
where appropriate.
• OAIC has not received additional funding for its COVID Safe app regulatory role.
• OAIC has not received additional resourcing for the Notifiable Data Breach Scheme.
Page 4 of 18
FOIREQ22/00293 015
Attachment A
POSSIBLE QUESTIONS
Funding has been provided for the Freedom of Information Commissioner, when will they
be appointed?
On 13 August Ms Elizabeth Hampton was appointed as Acting Freedom of Information
Commissioner whilst the process to appoint an ongoing Commissioner is underway. The
OAIC’s statutory appointments are managed by Attorney-General’s Department who are
best placed to answer the question.
The funding also provides for an additional Assistant Commissioner and 2 officers (who
have already been engaged).
Will the additional FOI funding reduce the time to process FOI matters?
The additional FOI funding in the Budget is welcome and wil provide for the appointment
of an FOI Commissioner and 3 FOI staff, including support staff.
It fol ows a significant rise in the amount of work coming into our FOI area, including
applications for IC reviews and extension of time applications from agencies.
The volume of FOI work has increased without commensurate funding. For instance, there
has been a 140% increase in the number of FOI Information Commissioner (IC) Review
applications since 2015-16 (from 510 received in 2015-16 to 1,224 received in 2020-21).
1,167 IC Review applications have been received from 1 July 2021 to 28 February 2022.
During 2015-16 to 2020-21, the OAIC increased the number of finalised FOI Information
Commissioner Review applications by 124% (from 454 finalised in 2015-16 to 1,018 finalised
in 2020-21). During the period of 1 July 2021 to 28 February 2028 929 IC Review
applications were finalised. The gap between cases received and finalised has resulted in an
increase in time to resolve Information Commissioner Review applications.
The additional resources wil assist the OAIC in starting to close that gap.
We wil also continue to look for and implement further efficiencies to help address the
volume of incoming work, however a further investment in officer-level resourcing is likely
to be required to al ow the OAIC to meet its KPI for IC reviews.
Page 6 of 18
FOIREQ22/00293 016
‘
What was the impact of COVID-19 on the operations of the OAIC?’
• Impact on OAIC operations included:
o Corporate Services: WFH transition planning and implementation; addressing
equipment needs; support for mental wel being; revised learning and
development.
o Regulation and Strategy: Significant COVIDSafe assessment activity and provision
of privacy guidance – such as in relation to the COVIDSafe app, businesses
col ecting personal information and in relation to privacy risks related to working
from home.
o Increase in response time to enquiries resulting from a change from a cal line to
a cal back system, necessitated by working from home.
o Freedom of Information (FOI): Substantial increases in the number of
Information Commissioner (IC) review applications, FOI complaints and extension
of time applications requiring decisions by the OAIC.
The OAIC’s funding reduces significantly in 2022-23. What are you doing about this?
The OAIC has raised the matter of its future funding with Attorney-General’s Department
and the Attorney-General. The reduction in funding from 1 July 2022 relates to two
terminating measures:
• Statutory obligations and social media valued at $7.5mil ion
• Expanding Digital Identity valued at $261,000.
The reduction in funding is also attributed to the reduction in MOU revenue. Our MOUs are
general y held for one to two years and then re-negotiated.
Did the OAIC receive additional resources for the Notifiable Data Breaches scheme or the
COVIDSafe App?
No, there were no additional resources provided for either function, work is prioritised
within the existing resource al ocation.
Page 7 of 18
FOIREQ22/00293 017
Attachment B
SPECIFIC FUNDING MEASURES – INCLUDING DATES AND ASSOCIATED ASL
KEY DATES
• 1 July 2025: appropriation $15.460mil ion and ASL cap of 104.
• 1 July 2024: appropriation $15.460mil ion and ASL cap of 104.
• 1 July 2023 appropriation $23.592mil ion with a ASL cap of 132.
• 1 July 2022: appropriation $26.703mil ion ASL cap of 156.
• 2022-23 Budget: provides $17mil ion over two years for privacy complaints and
enhance regulatory position. The Budget also provides $3.6million over four years for
CDR future directions.
• MYEFO 2021: Budget provides $1.447mil ion for the transition of ICT services from
AHRC to DESE. A further $0.550mil ion is provided for capital hardware purchases.
• Additional y, $0.349mil ion is provided for Federal Court proceedings and
$0.912mil ion in the 2022-23 year for the Expansion of Digital Identity.
• 1 July 2021: Budget provides additional $4.508mil ion for Freedom of Information
Commissioner, expanded Consumer Data Right, Digital Health. This is an increase of
16%. ASL increases from 124 to 147.
• 1 July 2020: 2021-22 Forward Estimates provides $0.261mil ion for Expanding Digital
Identity
• 1 July 2019: 2019-20 Budget provides $329,000 to the 2018-19 base and $2.256mil ion
over the forward estimates for the expansion of Medicare data matching.
• 1 July 2019: 2019-20 Budget provides $25.121mil ion over three years to enhance
funding for statutory obligations and social media.
• 30 June 2019: Enhanced Welfare Payment Integrity – non-employment income data
matching (commenced MYEFO 2015-16) measure valued at $1.326mil ion terminates.
• 1 July 2018: 2018-19 Budget provides $12.91mil ion over the forward estimates for
CDR
• 22 February 2018: NDB Scheme commenced, no additional funding received to date
Page 8 of 18
FOIREQ22/00293 020
o 13 ASL for Digital Health
o 3 ASL for FOI Commissioner support staff
o 27.5 ASL for Privacy Regulator
Page 11 of 18
FOIREQ22/00293 021
Post 2014-15 Budget overview
Year
Total
Commentary
2014-15
$12,820,000
ASL: 64
Appropriation $9,963,000 Total appropriation was $9,963,000. Prior to efficiency dividends
amounts include:
• initial appropriation $7,191,000
• $2,812,000 in the Supplementary Budget Estimates
MOU
$2,857,000 Includes Dept. Health amount of $1,976,000
2015-16
$11,801,000
ASL: 64
Appropriation $9,328,000 Total appropriation was $9,328,000. Prior to efficiency dividends
amounts include:
• Initial appropriation of $5,698,000 for the privacy function and
$1,709,000 for continued FOI function
• New measure: National Security $1,130,000 (+6.04SL)
• MYEFO measure: Welfare Data Matching: $818,000 (Nil ASL)
MOUs
$2,473,000 Includes Dept. Health amount of $1,865,500
2016-17
$13,482,000
ASL: 71
Appropriation $10,622,000 Total appropriation was $10,622,000 million
Includes known measures:
• National Security: $1,089,000 (-0.26ASL = inc. 5.78)
• Welfare Data Matching: $1,311,000 (Nil ASL)
MOU
$2,860,000 Includes ADHA amount of $2,076,700
2017-18
ASL: 75
Appropriation
$10,711,000 Total appropriation was $10,711,000. Prior to efficiency dividends
amounts include:
• New measure: $379,000 return of FOI from AAT in MYEFO
Known measures:
• National Security: $988,000 (inc. 5.78 ASL)
• Welfare Data Matching: $1,311,000 (Nil ASL)
MOU
$2,590,000 Includes ADHA amount of $1,688,400
2018-19
$15,890,000
ASL cap: 93
Appropriation
$13,825,000 Total appropriation is $13,825,000. Prior to efficiency dividends
amounts includes:
New measures:
• Consumer Data Right $2,779,000 (ongoing)
(+10ASL)
• MBS/PBS $329,000 (ongoing) (+3 ASL)
Known measures:
• National Security: $965,000 (inc. 5.78 ASL)
• Welfare Data Matching: $1,326,000 (Nil ASL)
MOU
$2,065,000 Includes ADHA value of $2,070,000
Page 12 of 18
FOIREQ22/00293 022
Capital
$860,000
Once-off equity injection
2019-20
$23,234,000
ASL cap: 124
Appropriation $20,941,000 Total appropriation is $20,941,000. Prior to efficiency dividends
amounts include:
New measure:
• Statutory obligations and social media $7,734,000 (+23 ASL)
Known measure:
• National Security: $965,000 (inc. 5.78 ASL)
• Consumer Data Right: $3,178,000 (+5 ASL = inc. 15 ASL)
• MBS/PBS: $571,000 (inc. 3 ASL)
Less terminating measure:
• Welfare Data Matching -$1,326,000 (Nil impact on ASL)
MOU
$2,293,000 ACT / ADHA / Home Affairs MOU (NFBMC)
Capital
$2,000,000 Once-off equity injection
2020-21
$23,270,500
ASL cap: 124
Budget cap: 120
Appropriation $20,948,000 Total appropriation is $20,948,000. Prior to efficiency dividends
amounts include:
Known measures:
• National Security: $965,000 (inc. 5.78 ASL)
• Consumer Data Right: $3,036,000 (inc. 15 ASL)
• MBS/PBS: Medicare data matching $565,000 (inc. 3 ASL)
• Statutory obligations and social media $7,887,000 (inc. 23 ASL)
Excluding known measures, the base balance is $8,495,000
MOU
$2,322,500 ACT / ADHA / Home Affairs MOUs: PNR
Capital
$268,000
Unspent capital carried forward from prior years
2021-22
$26,907,500
ASL cap: 147
Budget cap: 127
Appropriation $26,730,000 Total appropriation is $26,730,000. Prior to efficiency dividends
amounts include:
• New measure: Transition of ICT shared services and Federal
Court Proceedings costs $1,447,000 (Nil ASL)
• New measure: Expanding Digital Identity $261,000 (Nil ASL)
• New measure: Consumer Data Right $1,454,000 (inc. 8 ASL)
• New measure: My Health Record $2,070,000 (inc. 12.8 ASL)
• FOI Commissioner & support $984,000 (inc. 3 ASL).
Known measures:
• National Security: $965,000 (inc. 5.78 ASL)
• Consumer Data Right: $3,058,000 (inc. 15 ASL)
• MBS/PBS: Medicare data matching $560,000 (inc. 3 ASL)
• Statutory obligations and social media $7,500,000 (inc. 23 ASL)
Page 13 of 18
FOIREQ22/00293 023
Excluding known measures, the base balance is $8,431,000
MOU
$252,500
ACT MOU, PNR
Capital
$550,000
Capital injection
2022-23
$27,249,500
ASL cap: 156
Budget cap: 127
Appropriation $27,072,000 Total appropriation is $27,072,000. Prior to efficiency dividends
amounts include:
New measure:
• Privacy Regulator: $8,211,000 (inc. 27.5 ASL)
• CDR: Future directions: $364,000 (nil ASL)
• Expanding Digital Identity: $0.782million (inc. 3.5ASL)
Known measures:
• National Security: $965,000 (inc. 5.78 ASL)
• Consumer Data Right: $4,512,000 (inc. 15 ASL + 8ASL)
• MBS/PBS: Medicare data matching $560,000 (inc. 3 ASL)
• My Health Record $2,070,000 (inc. 12.8 ASL)
• FOI Commissioner & support $985,000 (inc. 3 ASL)
Less terminating measures:
• New measure: Transition of ICT shared services and Federal
Court Proceedings costs $1,447,000 (Nil ASL)
• Statutory obligations and social media -$7,500,000 (-23 ASL)
• Expanding Digital Identity -$261,000 (Nil ASL)
Excluding known measures, the base balance is $9,547,000
MOU
$177,500
ACT MOU
Capital
$630,000
Capital injection
2023-24
$23,769,500
ASL cap: 132
Budget cap: 108
Appropriation $23,592,000 Total appropriation is $23,592,000. Prior to efficiency dividends
amounts include:
Known measures:
• Privacy Regulator: $8,242,000 (inc. 27.5 ASL)
• CDR: Future directions: $1,092,000 (nil ASL)
• National Security: $965,000 (inc. 5.78 ASL)
• Consumer Data Right: $3,058,000 (inc. 15 ASL)
• MBS/PBS: Medicare data matching $560,000 (inc. 3 ASL)
• FOI Commissioner & support $988,000 (inc. 3 ASL)
Less terminating measures:
• Expanding Digital Identity: $0.782mil ion (inc. -3.5ASL)
• Consumer Data Right $1,454,000 (inc. -8 ASL)
• My Health Record $2,070,000 (inc. -12.8 ASL).
Excluding known measures, the base balance is $9,779,000
Page 14 of 18
FOIREQ22/00293 024
MOU
$177,500
ACT MOU
Capital
Nil
n/a
2024-25
$15,460,000
ASL cap: 104
Budget cap: 67
Appropriation $15,460,000 Total appropriation is $14,368,000. Prior to efficiency dividends
amounts include:
Known measures:
• CDR: Future directions: $1,092,000 (nil ASL)
• National Security: $965,000 (inc. 5.78 ASL)
• Consumer Data Right: $3,058,000 (inc. 15 ASL)
• MBS/PBS: Medicare data matching $560,000 (inc. 3 ASL)
• FOI Commissioner & support $992,000 (inc. 3 ASL).
Less terminating measures:
• Privacy Regulator: $8,242,000 (inc. 27.5 ASL)
Excluding known measures, the base balance is $9,885,000
MOU
Nil
n/a
Capital
Nil
n/a
2025-26
$15,559,000
ASL cap: 104
Budget cap: 68
Appropriation $15,559,000 Total appropriation is $15,559,000. Prior to efficiency dividends
amounts include:
Known measures:
• National Security: $965,000 (inc. 5.78 ASL)
• Consumer Data Right: $3,058,000 (inc. 15 ASL)
• MBS/PBS: Medicare data matching $560,000 (inc. 3 ASL)
• FOI Commissioner & support $992,000 (inc. 3 ASL).
Excluding known measures, the base balance is $9,884,000
MOU
Nil
n/a
Capital
Nil
n/a
Page 15 of 18
FOIREQ22/00293 025
Attachment D
Excerpts — previous resource discussions
Tuesday 15 February 2022
Senator PATRICK: I do, now that we've got through the niceties. I'm just looking at this list
in relation to
QON LCC-SBE21-016:
• As at 30 June 2018, there were 81 IC reviews on hand that were over 12 months old …
The next year it goes to 250. The next year 460. In June 2021 there were 667 reviews on
hand that were over 12 months old. It seems like we're going nowhere. Are you able to
provide any advice as to whether the appointment/ of a new FOI commissioner would help
to remedy this particular situation?
Ms Falk: I acknowledge the kind remarks of both you and the assistant minister. In relation
to the appointment FOI commissioner, as you're aware, in the last budget we received
$980,000 dol ars for an FOI commissioner, an SES officer and two support officers. Whilst an
appointment is yet to be made, there has been an acting arrangement in place with FOI
Commissioner Ms Hampton, who joins me on the cal this evening. We have also pointed
the SES officer band 1 and the support staff. I do see that this is and wil continue to make a
difference. Perhaps I should say a couple of things about that. We have, as you have noted,
continued to have a large number of matters on hand, and the age of the matters is
increasing. In the last six months, we've had a 38 per cent increase in reviews received over
the same period as the previous year, but we've also increased our throughput by 37 per
cent in the last six months, so I do see that that additional capability has been assisted by
the acting arrangements and the SES band 1. At the same time, there's a significant cohort
of cases on hand, and currently the acting commissioner and I are working through the
model ing, which I think you are familiar with, in terms of future funding requirements and
case officers in order to address that backlog. But the parameters have shifted in terms of
having the additional funding—and we're looking at how that is helping the office—but also
an exponential additional increase in what's coming through the door. It is more than I had
anticipated in that previous model ing.
Page 16 of 18
FOIREQ22/00293 026
Tuesday 26 October 2021
Senator WATERS: My first question is whether an FOI commissioner has been appointed
yet.
Ms Falk: Thank you for the question. The government has not yet appointed an FOI
commissioner to the ongoing role. However, the Attorney-General has appointed my
col eague Ms Elizabeth Hampton, who is joining us today, as the Acting Freedom of
Information Commissioner from 13 August this year for a period of three months or until a
permanent appointment is made.
Senator Cash: On the appointment of the FOI commissioner: we're actual y going through
the recruitment process—the merit based selection process. So, whilst the appointment
process is ongoing, as Ms Falk has just stated, I have appointed an interim FOI
commissioner.
Senator WATERS: What is the date for the appointment of the permanent commissioner?
Senator Cash: The selection process is ongoing at this point in time. That's why we have
appointed the interim FOI commissioner, so that this important work could commence,
because it is a commitment that we made, as Senator Patrick knows. And, as such, when
the appointment process if finalised we wil make the announcement.
Senator WATERS: Ms Falk, in your report you said ongoing resourcing issues mean that a
gap between incoming FOI work and finalisation work remains. Wil the budget al ocation
for an FOI commissioner completely address this resources gap, or do you expect that there
may stil be a requirement for more resourcing to close that gap?
Ms Falk: Thank you. The appointment of an FOI commissioner together with an SES band 1
assistant commissioner for the area of FOI, plus some support staff, wil be a welcome
addition that wil help to address the ongoing workload. However, as I pointed out in my
opening statement, the increases that we are receiving are quite exponential, being a 140
per cent increase over the last five years. At the same time we have increased our
finalisation of those matters by about 124 per cent, but a gap does remain. So what we are
doing at present is looking at workflows and systems in light of having another FOI
commissioner on board, and then also considering whether additional resources might be
needed for case officers. That is a matter that is under active consideration. Once I have
formed some conclusions in light of that I wil raise these issues with government.
Estimates Thursday, 27 May 2021
Senator KIM CARR: It was previously indicated that you needed an additional nine FOI officers, in terms of
the increase in existing numbers. Is that still the case?
Ms Falk: Now that we have the budget announcement of $980,000 for the next financial year for the FOI
commissioner and for three additional staff, we are preparing to welcome the new commissioner and to
look at what that wil look like in terms of our future projections for the work of the office. However, I've
Page 17 of 18
FOIREQ22/00293 027
outlined for the committee that we have a significant number of matters on hand at present—over 1,200—
and that we have a significant number—over 600—that are over 12 months old. I am currently
recalibrating and looking at what staffing levels are needed into the future, and I wil provide advice to
government about that in coming weeks.
Senator KIM CARR: You say you wil provide advice to government. Do you anticipate that the additional
resource will cover that backlog?
Ms Falk: I think that the appointment of the commissioner and the additional three staff will go some way
to assist in the workload management issues. But I think that we wil require some additional staffing if we
are to resolve those older cases in a more timely manner.
----
Senator PATRICK: Thank you very much. If these questions have been covered, just say so. Regarding the
timing of the appointment of the new Freedom of Information Commissioner, when might we expect an
advertisement—however you go about doing that? What do you think, typically, the process will be in
terms of engaging someone, having their feet under the desk and signing off on FOI reviews?
Ms Falk: The question has not been asked. The appointment wil be a matter for the department, so I will
refer that to the secretary.
Mr Anderson: We'll proceed with expedition. It will be a merit process. There'll be an advertisement.
There'l be a panel convened. We try and do these things as quickly as possible. Then it wil be a question of
the person who's appointed to the position. There might be a question as to how quickly they can actual y
take up the role or whether they need any period to separate themselves from whatever they were doing
beforehand.
Senator PATRICK: It wil be an advertised role?
Mr Anderson: That's indeed true.
Page 18 of 18
