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Message from Freedom of Information Commissioner Elizabeth Tydd

The right of access to information is critical to transparency and a participative democracy, but how are government agencies faring in this important area?

One way that we measure this is through five-yearly reviews of the Information Publication Scheme, the most recent of which we undertook late last year. I was pleased to release the results from the review last week. They shine a light on both some of the improvements that have been made, and where there is more to do.

The results show a strong commitment across the Australian Government to the IPS and a proactive disclosure culture. However, the results also confirm that a concerted effort by agencies is required to promote and support this culture. For example:

  • Only 29% of agencies have adopted a strategy for increasing open access to information they hold, down from 35% in 2018.
  • Only 73% of agencies publish information that they routinely release in response to freedom of information (FOI) requests, down from 79% in 2018 and 86% in 2012.
  • 75% of agencies publish consultation arrangements for members of the public to comment on specific policy proposals for which the agency is responsible, slightly above 72% in 2018 but below 86% in 2012.

We have identified four key pillars to drive IPS compliance: leadership, strategy, ownership and training. I have set out a forward plan to work with agencies to increase and improve the proactive release of information. This includes continuing to actively engage with senior leaders to secure their commitment to this important and mandated responsibility.

Our response will also include:

  • Conducting a survey of agency practices and needs to inform our provision of guidance and other resources.
  • Ensuring Part 13 of the FOI Guidelines reflects our digital operating environment and promotes compliance more effectively.

We look forward to working together with agencies as we continue to promote a proactive approach to publishing government information by further strengthening the IPS.

FOI Statistics

Webinar – 9 July 2024

Registrations are now open for the next FOI Webinar on FOI Statistics, to be held at 12 noon on Tuesday 9 July. If you would like to attend this webinar please email FOIGuidance@oaic.gov.au, advising the name and email address of attendees for this event. The webinar will be a 1-hour session providing an opportunity for agencies to raise questions or discuss the end of financial year reporting process and lodgement of FOI Stats returns.

Future webinars

The OAIC is holding webinars on other topics later in the year. Registration details will be circulated closer to the date.

  • 26 August: IC review practice update
  • 10 September: Extensions of time
  • 22 October: Complaints
  • 19 November (to be confirmed): Vexatious applicant declarations.

FOI Stats Guide – revisions

For those of you who will be lodging Quarter 4 and Annual FOI statistics in July, please note the OAIC have made some revisions to the OAIC’s FOIstats guide and will publish our new version shortly.

Revised IC review Procedure Directions and Part 10 of the FOI Guidelines commencing 1 July 2024

A reminder that the following procedure directions under s 55(2)(e)(i) for Information Commissioner (IC) reviews will be revised from 1 July 2024:

  • Direction as to certain procedures to be followed in Information Commissioner reviews (for agencies)
  • Direction as to certain procedures to be followed by applicants in Information Commissioner reviews

The revised procedure directions will be accompanied by a revised Part 10 of the FOI Guidelines (Reviews by the Information Commissioner Commissioner).

For more information, please read the Upcoming changes to Information Commissioner review procedure page, which includes the directions, Part 10 of the FOI Guidelines and new resources developed to assist parties to IC reviews, including:

  • Information Commissioner Reviews: Quick guide to use of directions and information gathering powers
  • Direction as to certain procedures to be followed in Information Commissioner reviews: FAQs for agencies and ministers
  • Quick guide to the direction applicants follow in an Information Commissioner review

Upcoming consultation: Part 3 of FOI Guidelines

The OAIC is in the process of revising Part 3 of the FOI Guidelines (Processing and deciding on requests for access). We will publish the revised draft for consultation once complete.

Questions received by the OAIC as part of recent workshops and/or in response to specific agency queries will be addressed in the upcoming draft for consultation.

Recent IC review decisions

Information Commissioner (IC) review decisions are published on AustLII. Recent decisions include:

You can access a list of earlier decisions on AustLII. Due to the large number of decisions since we last listed decisions in ICON (April), we have only included the more recent in this ICON alert.

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