As legislation to abolish the OAIC is still opposed in the Senate, the Government has been forced to appoint an acting Australian Information Commissioner to keep the OAIC functioning.

The OAIC has announced that on 31 July 2015, Professor John McMillan AO, will formally resign as Australian Information Commissioner to take up his new role as Acting NSW Ombudsman. Timothy Pilgrim will be acting Australian Information Commissioner from 20 July.

Mr Pilgrim will carry out the functions and exercise the Commissioner powers under the Privacy Act 1988, Freedom of Information Act 1982 and the Australian Information Commissioner Act 2010.

Freedom of Information Commissioner James Popple left in December 2014 when he was appointed to the Administrative Appeals Tribunal.