The Freedom of Information Amendment Bill 2025 makes wide-ranging changes to the Freedom of Information Act 1982 and the Australian Information Commissioner Act 2010 to modernise processes, improve efficiency, deter abusive requests and clarify key exemptions.
It seeks to balance transparent government with safeguards for privacy, integrity of decision-making and proper use of public resources.
The Bill amends the Freedom of Information Act 1982 (FOI Act) and the Australian Information Commissioner Act 2010 (AIC Act) through ten schedules. Schedule 1 revises the objects clause to emphasise balance between access and government functionality, and narrows the definition of “documents of an agency” to exclude purely personal staff information. Schedule 2 modernises request forms and lodgement methods, allows agencies to refuse vexatious or repeat applications, prohibits anonymous or pseudonymous requests, requires identity proof for personal or commercial records, and restricts publication of employee identifying information. Schedule 3 clarifies “practical refusal” grounds and introduces a discretionary 40-hour processing cap. Schedule 4 prevents concurrent internal and Information Commissioner reviews, relaxes extension-of-time limits and clarifies deemed refusals when timeframes lapse. Schedule 5 streamlines Information Commissioner review and complaint handling by enabling remittal, agreement-based resolutions, limiting automatic party status and removing certain delegation powers. Schedule 6 permits application fees subject to financial-hardship waivers. Schedule 7 refines existing exemptions (including Cabinet and deliberative-process tests). Schedule 8 authorises successor agencies or ministers to respond when the original minister ceases office. Schedules 9 and 10 enact transitional and application provisions, including insertion of foreign-secrecy provisions into Schedule 3 of the FOI Act. Modest net savings are anticipated from administrative efficiencies.
This Bill strengthens transparent governance by updating a decades-old FOI framework. It addresses procedural bottlenecks, reduces uncertainty about timeframes, and deters abusive or frivolous requests that waste public resources. Modern submission options (including agency-specified electronic forms) will speed up applications and lower administrative costs.
By clarifying the ambit of documents—and excluding purely personal staff emails—the Bill ensures agencies focus on information genuinely relevant to the public. Protections against disclosing employee identifying information will reduce harassment and safeguard public servants’ privacy, while preserving applicants’ rights to access the substance of decisions.
The introduction of a modest processing cap (default 40 hours) and regulated application fees with hardship waivers promotes both timeliness and sustainability, ensuring the FOI system remains responsive as public demand grows [Judgment]. Overall, these reforms foster informed public debate, bolster trust in government decision-making and strengthen Australia’s democratic culture.
Although procedural modernisation is welcome, requiring full names and identity proof for all applicants may deter vulnerable or marginalized individuals—such as whistleblowers or victims of misconduct—from seeking information under pseudonyms [Judgment].
The default 40-hour processing cap, even if adjustable, risks excluding complex or voluminous requests on grounds of administrative burden, effectively narrowing the right of access. Likewise, introducing fees—even with hardship waivers—creates a financial barrier that may disproportionately affect low-income or rural applicants [Judgment].
Broad powers to refuse “vexatious” or “abusive” requests grant agencies significant discretion that could be used to block legitimate, persistent inquiries into government performance. Without clear objective criteria, these grounds risk arbitrary application and reduced accountability.
2025-09-03
House of Representatives
Before House of Representatives
Unspecified
Attorney-General
Democratic Institutions, Discrimination / Human Rights, Civics