Freedom of Information Commissioner

About the Office of the Australian Information Commissioner (OAIC)

The OAIC is the independent national regulator for privacy and freedom of information (FOI).

It exercises certain functions under various Acts, including the:

  • Privacy Act 1988
  • Freedom of Information Act 1982 (FOI Act) 
  • Australian Information Commissioner Act 2010 (AIC Act). 

The OAIC has a broad range of privacy, FOI and information functions. 

For FOI, the OAIC:

  • reviews decisions that are made under the FOI Act
  • handles FOI-related complaints
  • advises the public, government agencies and businesses. 

The OAIC is headed by the Australian Information Commissioner, who is supported by a Privacy Commissioner and an FOI Commissioner. The 3-commissioner structure allows sufficient focus and advocacy on both privacy and FOI, while enabling the Australian Information Commissioner, as agency head, to focus on leading and administering the agency and performing the functions that role can exercise under statute (such as reporting to the Minister on any matter relating to the Government’s policies, practices and systems for information management). 

The 3 commissioners are supported by a deputy FOI Commissioner and a deputy Privacy Commissioner, and staff at the OAIC.

Visit the OAIC website for more information.

Role of the FOI Commissioner

The FOI Commissioner is a statutory office holder, appointed under section 14 of the AIC Act.

The FOI Commissioner is responsible for the efficient and effective management of FOI functions. The purpose of these functions is to give the public access to information held by the Australian Government in accordance with the FOI Act (and other Acts). 

FOI functions include the following:

  • promote awareness and understanding of the FOI Act and the objects of that Act 
  • conduct reviews of FOI decisions made by agencies and ministers 
  • monitor and undertake investigations and carry out other compliance activities 
  • make and enforce decisions 
  • report on FOI matters. 

The FOI Commissioner will be expected to support the strategic direction of the OAIC as determined and managed by the Australian Information Commissioner. 

The FOI Commissioner may, from time to time, be required to perform other functions under the AIC Act.

Eligibility

To be considered for appointment as FOI Commissioner, you must have a degree from a university, or an educational qualification of a similar standing, in the field of law.

You must also have, or be able to hold, a Negative Vetting 2 security clearance. 

To be eligible for an Australian Government security clearance, you must be an Australian citizen and have a checkable background. For information about security clearances, visit the Australian Government Security Vetting Agency website.

Selection criteria

In addition to meeting the eligibility criteria as set out above, applicants will need to:

  • have significant knowledge of and/or experience in administrative decision making and/or merits review, and knowledge of the FOI Act, Privacy Act and other legislation relevant to information management
  • be a strong leader, with the capacity to lead and manage complex operations including people management
  • have the ability to provide positive cultural, strategic and professional leadership of the highest order to OAIC staff
  • have the capacity to make sound decisions, lead investigations and resolve complaints, including through alternative dispute resolution
  • work constructively with government to advance FOI law issues
  • meet the following selection criteria consistent with the APSC Merit and Transparency Guidelines for APS statutory office holder appointments:
    • Shapes strategic thinking
      • Inspires a sense of purpose and direction
      • Focuses strategically
      • Harnesses information and opportunities
      • Shows judgement, intelligence and common sense
    • Achieves results
      • Builds organisational capability and responsiveness
      • Marshals professional expertise
      • Steers and implements change and deals with uncertainty
      • Ensures closure and delivers on intended results
    • Cultivates productive working relationships
      • Nurtures internal and external relationships
      • Facilitates cooperation and partnerships
      • Values individual differences and diversity
      • Guides, mentors and develops people
    • Exemplifies personal drive and integrity
      • Demonstrates professionalism and probity
      • Engages with risk and shows personal courage
      • Commits to action
      • Displays resilience
      • Demonstrates self-awareness and a commitment to personal development
    • Communicates with influence
      • Communicates clearly
      • Listens, understands and adapts to audience
      • Negotiates persuasively

Terms and conditions

Under the AIC Act, the FOI Commissioner is appointed by the Governor-General. The term of appointment is up to 5 years, with the option for reappointment. 

This is a full‑time position. The role is, is principally based in Sydney, however other base locations may be considered.

The Remuneration Tribunal sets remuneration and allowances for the position. Refer to the  Remuneration Tribunal (Remuneration and Allowances for Holders of Full‑time Public Office) Determination 2024 for more information.

How to apply

Apply using the online application form.

Applications must include:

  • an indication of whether you meet the eligibility criteria for this statutory appointment
  • a completed statement of claims (2000-word limit) against the eligibility and selection criteria 
  • an uploaded resume no longer than 4 pages outlining qualifications, knowledge and experience
  • the names and contact details of at least 2 referees who have direct and relevant experience of your work. 

We will notify you before we contact referees.

We encourage you to request the adjustments you need to help you participate in this recruitment process.

Applications close at 5:00 pm AEDT on Friday 21 March 2025.

Contact

Email enquiries about the position or application process to appointments@ag.gov.au. 

Assessment process

A panel will assess the written application. The panel will further assess shortlisted applicants at interview. 

The panel will provide a list of suitable candidates to the Attorney-General for consideration and recommendation to the Governor-General for appointment.

Communication

Applicants will receive initial advice and communication by email. Please ensure the email address you provide is correct. We recommend using an email address that ensures you do not miss relevant updates or invitations – and please regularly check your junk or spam folders.