Government accused of mismanaging the OAIC

The Australian Government's so-far unsuccessful move to disband the Office of the Australian Information Commissioner has dragged on for over a year, giving rise to concern that the administration of the Privacy Act (including credit reporting) and the Freedom of Information Act are being put at risk.

The Australian Information Commissioner John McMillan took leave from his position yesterday, ahead of his formal resignation on July 31.

The Privacy Commissioner Timothy Pilgrim, whose five-year term ended on July 19, will step into the role as Acting Australian Information Commissioner.

The Freedom of Information Commissioner James Popple left in December and has not been replaced.

In May last year the Government announced that it would disband the OAIC by January 2015 as part of its small government initiative.

Administration of the FOI Act was to be handled jointly by the Attorney-General's Department, the Administrative Appeals Tribunal and the Commonwealth Ombudsman.

Administration of the Privacy Act was to remain with the Privacy Commissioner's office, which would be moved elsewhere in the public sector - possibly the Human Rights Commission.

However, the Government's amending legislation has not made it through the Senate. In May the OAIC received A$1.7 million of transitional funding to keep it going until the Government's measures were implemented.

The Government has been criticised for failing to resource the agency adequately to fulfil its statutory obligations.