Transparency fail: frequent FOI breaches revealed

An office review of Australian freedom of information (FOI) practices has revealed that two-thirds of federal public bodies may be in breach of the law by not promptly publishing FOI requests. The Office of the Australian Information Commissioner (OAIC) found that half of the agencies are not publishing all required information, denying Australians access to public information.

The review examined the disclosure logs, online portals where FOI releases are stored, and discovered that 20 out of 30 bodies failed to publish requests within the mandatory 10 business days. FOI Commissioner Alice Linacre emphasized that government information is a national resource, and its dissemination into the public domain is crucial for participatory democracy and public debate.

While not explicitly stating a breach of law, Linacre expressed concern over the agencies' failure to meet their statutory obligations, promising follow-up work to improve performance. The review included 16 federal departments and agencies frequently subject to FOI requests, such as the federal police, the taxation office, the National Disability Insurance Scheme (NDIS), and the Australian National University.

Many agencies also fell short of best practices for disclosure logs, which should include fully searchable documents, descriptive titles, and dated entries. Previous reviews have shown that over half of FOI requests are denied, and more than half of the reviews found agencies withholding information when they were not legally obligated to do so.

In 2025, the government attempted to reform FOI laws, calling the current framework "stuck in the 1980s" and not effective for anyone. Attorney-General Michelle Rowland introduced legislation to ease pressure on the system, allowing the government to refuse more requests, banning anonymous applicants, and introducing fees. However, following a backlash from integrity advocates and widespread political opposition, the bill was withdrawn in March. Rowland has yet to announce Labor's plans for the shelved legislation.