Strengthening the Freedom of Information Framework

Thee Albanese Government has today introduced legislation to strengthen the Freedom of Information Act 1982 to ensure our FOI framework works in the interests of all Australians.

The Government’s changes will ensure genuine requests are prioritised while saving taxpayers money on frivolous and automated requests.

FOI is a vital feature of our democracy that promotes accountability and transparency of government decision making.

However, right now the FOI framework is stuck in the 1980s – before the use of email and other modern technologies became common.

The current laws are not working well for anybody — as evidenced by a doubling of complaints to the OAIC over the past five years.

In 2024, public servants spent more than a million hours processing FOI requests.

This is, in part, because modern technology has made it possible to create large volumes of vague, anonymous, vexatious or frivolous requests – tying up resources, costing taxpayers money and delaying the processing of genuine requests. As technology continues to develop, this will be a growing problem.

That’s why the Government is announcing a series of reforms drawing from the experience of those who interact with the FOI system, along with past reviews which have made recommendations about how to improve the system.

These reforms include:

• A ban on anonymous FOI requests.
• Modernising the FOI framework by strengthening the ability of government agencies to deter vexatious, abusive and frivolous requests, including through strengthened applications processes.
• Clarifying existing exemptions, including in relation to Cabinet confidentiality, to ensure they are consistent with their original policy intent.
• Filling gaps in law by establishing clear processes for outgoing Ministers to ensure FOI requests are appropriately processed and responded to.
• Addressing barriers to frank and fearless advice by ensuring the test for accessing deliberative documents is clearer in law and easily understood.
• A new fee-structure for applicants, with exemptions for people seeking their personal information, which accounted for 72% of overall FOI requests in 2023-24.

The Bill also safeguards against potential abuses from anonymous or nefarious offshore actors, and provides greater transparency over who is seeking Australian Government information.

It is appropriate that the Parliament and broader public have an opportunity to examine these important and significant proposals.

The Government will refer this legislation to the Senate Committee on Legal and Constitutional Affairs for public hearings and examination.

Quotes attributable to the Attorney-General, Hon Michelle Rowland MP:

“Freedom of Information is a vital feature of our democratic system. It promotes accountability and transparency of government and enables Australians to access their personal information.

“However, what’s clear is that the FOI framework is stuck in the 1980s – before the use of email and other modern technologies became common.

“The Albanese Government’s changes will continue to promote transparency in Government while ensuring public sector resources are not unduly misused by vexatious FOI requests.”