Freedom of Information Act 1982

The Act's object is to promote openness and accountability in government by giving the public a right to access documents, subject to limited exceptions. It applies to all Commonwealth ministers, departments, and prescribed agencies, but not to state or territory governments, which have their own FOI laws. The right extends to documents in existence at the time of the request, including emails, reports, and internal working papers. Agencies must respond within 30 days, extendable in certain circumstances. The Act also requires agencies to publish an Information Publication Plan and a disclosure log of released documents.

The Act contains a range of exemptions that allow agencies to refuse access. These include national security, defence, international relations, cabinet documents, internal working documents, law enforcement, and personal privacy. Some exemptions are conditional on a public interest test, which weighs the benefits of disclosure against the harm. The 2010 reforms introduced a public interest test for many exemptions and removed the conclusive exemption for internal working documents. Decisions can be reviewed internally, by the Information Commissioner, and ultimately by the Administrative Appeals Tribunal and the courts.

The Act has been amended several times, most notably by the Freedom of Information Amendment (Reform) Act 2010, which implemented recommendations of the Australian Law Reform Commission. This reform created the Office of the Australian Information Commissioner, introduced a statutory public interest test, and reduced application fees. Subsequent amendments have addressed issues such as the disclosure of government contracts and the handling of sensitive information. In recent years, the OAIC has reported on the performance of agencies, and there have been calls for further reform to address delays and the overuse of exemptions. The Act remains a key tool for journalists, researchers, and citizens seeking government information.

One lesser-known aspect is that the Act does not apply to the intelligence agencies ASIO and ASIS, which are exempt entirely. Another is that the Act allows for the release of documents in a redacted form, and agencies may charge fees for processing requests. The Act also contains a provision for the 'reverse FOI' process, where third parties can object to the release of documents that affect their interests. A notable historical case is the 1984 decision in Re Howard and the Treasurer, which established that cabinet documents are not automatically exempt. The Act has been used to expose significant issues, such as the 'Children Overboard' affair in 2001, where FOI requests revealed government misinformation.

Public interest test

A test that weighs the benefits of disclosing information against the harm that disclosure might cause.

Disclosure log

A register of documents released in response to FOI requests, made publicly available online.

Reverse FOI

A process by which a third party can object to the release of documents that may affect their interests.