Message from FOI Commissioner Toni Pirani
Hello and welcome to 2025 and our first ICON alert for the year.
I hope you and your loved ones had a restful and enjoyable holiday season. I am certainly feeling energised after a break and am looking forward to what is ahead this year.
One thing inspiring me is the insights and comments many of you shared through our FOI practitioners’ survey last year. Today we published a report on the survey findings, which provides insights into how Australian Government agencies are approaching FOI, ways the environment is changing, and the needs of FOI practitioners.
As I said in my blog with 3 key takeaways from the survey, it is clear that the OAIC has an opportunity to advance our training offerings and build on existing guidance to support you and your agencies in upskilling all staff on FOI best practice. The findings are already informing the OAIC’s approach to supporting agencies, and we will continue to look for ways that, together, we can work towards a best practice FOI system that delivers for the Australian community.
Today we also launched a new, interactive presentation of the FOI data reported to the OAIC by Australian Government agencies and ministers, which will be updated quarterly. By making this data easier to access, analyse and benchmark, we hope to identify opportunities to improve FOI practices and the system overall.
I would like to take a moment to thank you and your agencies for your work on FOI matters in 2024, especially for your responsiveness to our requests, which is critical to providing a timely service for the Australian community. I look forward to working with you this year to further enhance our service to the community to contribute to open government and strengthening democracy in Australia.
FOI stats due
A reminder that FOI statistics for 1 October to 31 December 2024 are due to be entered into the FOIstats database by Tuesday 21 January 2025.
For further guidance on entering your FOI statistics into the database, see our FOIstats guide.
If you still have questions after checking the FOIstats guide, please contact us via our enquiry form.
Self-assessment tool for agencies
We have developed a self-assessment tool to help your agencies understand the effectiveness of your information access systems and the extent to which they comply with the FOI Act. You can use the self-assessment tool to identify gaps or areas where attention is needed, as well as areas your agency is doing well.
Extension of time applications during reduced staffing periods
Many agencies have staff take leave into January, which can impact an agency’s ability to make decisions on FOI requests within statutory timeframes.
Please ensure you have early discussions with applicants and consider seeking an appropriate extension of time to process a request.
The OAIC has guidance on calculating the processing period when there are public holidays and agency shutdown periods.
Recent Information Commissioner review decisions
Additional recent Information Commissioner review (IC review) decisions can be found on AustLII.
This decision discusses the application of the FOI Act to statements of reasons concerning statutory decisions of a regulatory, disciplinary nature. It may be of interest if your agency exercises statutory powers of that nature.
This decision discusses the application of ss 33(a)(iii) and 47C of the FOI Act to documents concerning the Prime Minister’s approval for ministers to undertake international travel in accordance with the Guidelines on Overseas Visits by Ministers. It finds the department did not discharge its onus to justify its decision to withhold information under s 33(a)(iii) on the basis that it would damage Australia’s international relations. Although the international travel proposals have been found to be deliberative material and therefore conditionally exempt under s 47C, in this instance, it would not be contrary to the public interest to release the material at this time.
During the IC review, the applicant, Peter Timmins, passed away, and the FOI Commissioner paid tribute in the decision to his significant contributions to public life and to greater community understanding of the role of access to information in society. The decision also notes that, in contrast to other legislative schemes, the FOI Act does not include express provisions addressing what is to occur in the event of the death of an applicant, noting it is a matter of discretion as to whether an IC review is continued. It sets out the factors that informed the decision to proceed to a s 55K decision in this matter. The decision finds the document at issue, which is publicly known as an audit report into Australia’s engagement in key multilateral institutions, is exempt under s 34(1)(a) (Cabinet documents).
