agency head, but not a legal entity. In this connection she relies on s 5 of the AIC Act, particularly subs (4) thereof:
5. Establishment
(1) The Office of the Australian Information Commissioner is established by this section.
(2) The Office of the Australian Information Commissioner consists of:
- (a) the information officers; and
- (b) the staff mentioned in Part 3.
(3) For the purposes of the Public Service Act 1999:
- (a) the information officers and staff of the Office of the Australian Information Commissioner together constitute a Statutory Agency; and
- (b) the Information Commissioner is the Head of that Statutory Agency.
Note: The Information Commissioner holds an office equivalent to that of a Secretary of a Department (see the definition of Agency Head in section 7 of the Public Service Act 1999).
(4) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
- (a) the Office of the Australian Information Commissioner is a listed entity; and
- (b) the Information Commissioner is the accountable authority of the Office of the Australian Information Commissioner; and
- (c) the following persons are officials of the Office of the Australian Information Commissioner:
- (i) the information officers;
- (ii) the staff mentioned in Part 3;
- (iii) consultants engaged under section 24; and
- (d) the purposes of the Office of the Australian Information Commissioner include:
- (i) the functions of the Information Commissioner referred to in section 10; and
- (ii) the functions of the Freedom of Information Commissioner referred to in section 11; and
- (iii) the functions of the Privacy Commissioner referred to in section 12.
44 The applicant also refers to s 35 of the AIC Act, which provides:
35. Information officer etc. not to be sued
