The Albanese Government has introduced the Freedom of Information Amendment Bill 2025, presented as a reform to “strengthen” the FOI framework. According to the Attorney-General’s press release, the Bill aims to modernise Freedom of Information (FOI) by:
- banning anonymous requests
- creating new refusal powers
- revising Cabinet and deliberative document exemptions
- fixing loopholes after ministerial reshuffles
- introducing an application fee (with exemptions for personal information requests)[1].
The OpenAustralia Foundation, the charity behind the Right to Know Freedom of Information service, strongly opposes these changes as they will make it harder for the public to access government information.
We built Right to Know in 2012, and for the last 13 years we have facilitated over 12,000 Freedom of Information requests.
Justification for these changes just isn’t there
The Government has said these changes are needed to ensure that “genuine FOI requests are prioritised and taxpayers’ money is saved”. The Government also says “In 2024, public servants spent more than a million hours processing FOI requests.”
The fact is that Statistics from the Information Commissioner show that the government is releasing less information than ever – only 21% of FOI requests were granted in full in 2023‑2024[2],[3].
The government is also spending significantly more money to process fewer requests. The average cost per decision has quadrupled since 2006[4].
Identity mandates make it harder to hold the government accountable
Current FOI requests are assessed on the basis of what is being requested rather than who is requesting it. This is to ensure that the system remains neutral with limited bias. Agencies are not allowed to consider who is requesting the information, unless they are asking for personal information.
The Bill would overturn this by banning anonymous or pseudonymous requests[5]. That will silence whistleblowers, journalists, researchers, and community advocates who need anonymity to avoid retaliation.
While several agencies already collect personal data beyond the scope of the current act[6], forcing people and organisations to declare their names strips away a fundamental safeguard – the right to anonymity.
Ordinary people will have their rights eroded as a protection against “foreign actors” and “automated bots, threats which the Government has provided minimal evidence for.
Up‑front fees are a transparency tax
The Bill allows the Government to set application fees for non-personal FOI requests. Shadow Attorney General, Julian Lesser calls this a ‘transparency tax’. Fees will also apply to internal reviews and Information Commissioner reviews (appeals). Applying fees to internal reviews and appeals could undermine citizens’ rights to a fair, unbiased process. Further, it is likely to embolden agencies to refuse access to documents, given that the increased cost to request a review will be a deterrent.
Introducing fees will deter media and community organisations operating on limited budgets from exercising their right to information. Agencies already have the power to impose processing charges and use refusal powers for large requests.
As personal information requests (about 72% of all requests) would be exempt from application fees, it’s unclear what burden the government is seeking to overcome.
Cabinet and deliberative secrecy risks
The Bill promises to “clarify” the Cabinet exemption and adjust the public interest test for “deliberative” documents – important documents that are used to help agencies and ministers make decisions [7].
In practice, this looks like making it easier to refuse access. The Robodebt Royal Commission exposed how “Cabinet‑in‑confidence” was misused to block release of embarrassing documents – something that is prohibited under the current laws.[8] The lesson should be to improve transparency, not enable more secrecy. Early analysis suggests the amendments may allow more documents to be withheld as Cabinet material[9]. Likewise, shifting the deliberative test toward non‑disclosure would give agencies a ready‑made excuse to hide advice, opinions, and internal deliberations, when this is the very material the public most often values. Claims that FOI prevents public servants from providing frank and fearless advice remain largely anecdotal. Honest, professional advice should withstand scrutiny.
New refusal powers
The Bill expands agencies’ ability to reject “repeat” or “vexatious” requests[10]. While extreme examples exist, current law already provides tools – such as dealing with people who abuse the FOI process or refusing requests that are overly broad, complex, or which will take too much time. The combination of increased powers with mandatory fees to have decisions reviewed creates a real risk of agencies misusing these proposed changes to shut down legitimate inquiries.
What we support
The Bill does fix one loophole: FOI requests no longer lapse when a minister leaves office. This codifies the Federal Court’s decision in Attorney‑General v Patrick (2024)[11]. It’s a much needed change initiated by the courts. Other tweaks, such as clarifying timelines in business days and improving OAIC review processes[12], are also very welcome.
Conclusion
We agree Australia’s FOI system needs reform. But these proposals target ordinary people seeking information, and don’t address the real problems with the FOI system. Identity mandates erode privacy and fairness; fees create a barrier to public‑interest scrutiny; expanded exemptions tilt the law toward secrecy; and new refusal powers risk silencing persistence. True reform would mean properly resourcing Freedom of Information, enforcing compliance, and fostering a culture of disclosure. Instead, the Government is adding obstacles and calling it “modernisation”. The OpenAustralia Foundation calls on Parliament to reject the regressive measures in this Bill and stand up for Australians’ right to know.
[1] Government press release – Strengthening Freedom of Information Framework. https://ministers.ag.gov.au/media-centre/strengthening-freedom-information-framework-03-09-2025
[2] OAIC. Freedom of Information statistics dashboard. https://www.oaic.gov.au/freedom-of-information/australian-government-freedom-of-information-statistics
[3] The Mandarin. FOI granted in full plummets to 21% (15 March 2025). https://www.themandarin.com.au/284634-foi-granted-in-full-plummet-2025/
[4] Australia Institute. Nothing to see here – Australia’s broken FOI system (2023). https://australiainstitute.org.au/wp-content/uploads/2023/03/P1342-Nothing-to-see-here-Australias-broken-FOI-system-WEB.pdf
[5] Government press release – Strengthening Freedom of Information Framework. https://ministers.ag.gov.au/media-centre/strengthening-freedom-information-framework-03-09-2025
[6] OpenAustralia Foundation. Our submission on changes to Part 3 of the FOI Guidelines (24 June 2025). https://www.oaf.org.au/2025/06/24/our-submission-changes-to-part-3-of-the-foi-guidelines/
[7] Government press release – Strengthening Freedom of Information Framework. https://ministers.ag.gov.au/media-centre/strengthening-freedom-information-framework-03-09-2025
[8] Deakin University. Australia’s FOI Act not fit for purpose in age of automation. https://www.deakin.edu.au/about-deakin/news-and-media-releases/articles/australias-foi-act-not-fit-for-purpose-in-age-of-automation
[9] The Mandarin. FOI reforms risk transparency tax (September 2025). https://www.themandarin.com.au/298727-foi-reforms-transparency-tax/
[10] Government press release – Strengthening Freedom of Information Framework. https://ministers.ag.gov.au/media-centre/strengthening-freedom-information-framework-03-09-2025
[11] MinterEllison. FOI case law update – the full Federal Court decides. https://www.minterellison.com/articles/foi-case-law-update-the-full-federal-court-decides
[12] Government press release – Strengthening Freedom of Information Framework. https://ministers.ag.gov.au/media-centre/strengthening-freedom-information-framework-03-09-2025
[13] OAIC. Freedom of Information statistics dashboard. https://www.oaic.gov.au/freedom-of-information/australian-government-freedom-of-information-statistics
[14] The Mandarin. FOI granted in full plummets to 21% (15 March 2025). https://www.themandarin.com.au/284634-foi-granted-in-full-plummet-2025/
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