The Australian federal government has announced significant reforms to its Freedom of Information (FOI) laws, igniting debate over transparency and accountability. The proposed FOI Amendment Bill aims to modernise the existing framework, which has been in place since 1982, but critics argue that the changes could undermine public access to information.
The reforms, currently under review by a parliamentary committee, include the introduction of application fees for certain requests, a ban on anonymous applications, and enhanced powers to address what the government describes as vexatious or frivolous requests. While the exact fee structure remains unclear, media reports suggest costs could range from A$30 to A$58 per application. Importantly, requests for personal information will not incur these charges.
Attorney-General Michelle Rowland has defended the changes, citing the need to manage resources more effectively in light of increasing application volumes. Rowland noted that public servants spent over 1 million hours processing FOI requests in the 2023-24 period. She argued that modern technology has led to a rise in vague and automated requests that burden the system.
Despite these claims, there is limited evidence to support the assertion that artificial intelligence (AI) bots are significantly misusing the FOI system. Although various reports, including findings from a 2023 Senate inquiry, indicate that the current FOI regime is under-resourced, they do not conclusively show that misuse is widespread. For instance, the inquiry labelled the federal FOI system as “dysfunctional and broken,” yet it also highlighted the need for improved efficiency rather than sweeping restrictions.
One of the most contentious proposed changes involves altering the criteria for exempting cabinet documents from disclosure. The government seeks to change the language from “dominant purpose” to “substantive purpose,” which may result in more cabinet documents being shielded from FOI requests. This modification has raised alarms from organisations such as the Centre for Public Integrity, as it contradicts recommendations from the 2023 Robodebt Royal Commission. The commission called for the complete repeal of the cabinet exemption, citing obstacles faced by affected individuals and advocacy groups in obtaining information about the Robodebt scheme.
Despite acknowledging the importance of cabinet confidentiality, experts suggest that narrowing the exemption rather than expanding it would better serve the public interest. For example, the Centre for Public Integrity has proposed that cabinet documents should only be exempt from disclosure for 30 days, unless another valid exemption applies.
As the government seeks to balance transparency with efficiency, the proposed reforms have sparked concerns about their potential impact on public access to information. Critics argue that the ban on anonymous requests and the expansion of cabinet document exemptions could hinder the ability of journalists and citizens to hold the government accountable.
To enhance the FOI system effectively, some experts advocate for alternative strategies that have been overlooked in the current reform package. The 2023 Senate report on FOI suggested increasing proactive disclosures, allowing individuals to access their personal information without having to navigate the FOI process. This approach could alleviate some of the resource pressures on public servants while simultaneously improving transparency.
Australia’s FOI system plays a crucial role in maintaining democratic accountability, allowing the public, journalists, and advocacy groups to scrutinise government decisions. While the government’s acknowledgment of the need for reform is a step in the right direction, it is imperative that changes do not compromise the core principles of open government and transparency.
Maria O’Sullivan is involved in a Public Intoxication Reform Evaluation funded by the Victorian Department of Justice and serves as a member of the Human Rights Advice Panel for the Queensland Parliament.
