The Office of the Information Commissioner (OIC) is a statutory body for the purposes of the:
Initially established under the repealed Freedom of Information Act 1992 (Qld), it continues under the Right to Information Act 2009 (Qld) (RTI Act) and Information Privacy Act 2009 (Qld) (IP Act).
Under the RTI Act and IP Act the Information Commissioner is a statutory office holder appointed by the Governor-in-Council, and is not subject to ministerial direction in the exercise of the functions under the RTI Act and IP Act. The independent authority of the Information Commissioner allows the community to have confidence that the role of the Information Commissioner will be carried out independently, fairly, and impartially.
The Information Commissioner is supported by two other statutory office holders appointed by the Governor-in-Council: the Right to Information Commissioner and Privacy Commissioner.
The Information Commissioner is accountable to the Legal Affairs and Community Safety Committee (LACSC) and meets with the committee during the course of the year to discuss issues, such as, OIC’s activities, work output, budget, annual report, and any other significant issue. The LACSC may also require a report on a particular aspect of OIC’s performance, but it cannot investigate particular conduct or reconsider or review decisions in relation to specific investigations or reviews. However, an independent strategic review of OIC is conducted every five years.
While the Information Commissioner is not subject to ministerial direction, under Section 133 of the RTI Act, OIC’s budget must be approved by the Attorney-General.