The Albanese government’s proposal to introduce fees for freedom of information (FoI) requests and limit the release of documents has been met with strong opposition. Critics, including opposition and crossbench senators, have labeled the move as “undemocratic” and indicative of Labor’s “addiction to secrecy.”
The Labor-chaired Senate inquiry released its report on Wednesday, recommending the bill be passed. However, the Coalition, the Greens, and senators David Pocock and Jacqui Lambie submitted dissenting reports condemning the proposed changes.
Key Changes and Opposition Concerns
The proposed amendments would introduce fees for FoI requests, which are currently free unless they require substantial work. Additionally, the changes would impose a 40-hour time limit on processing each request, alter the 30-day response time from calendar days to business days, and grant FoI officers the power to refuse or further redact documents related to policy drafting or discussions.
The government argues that these changes are necessary to combat frivolous and AI-generated requests from online trolls, although no evidence has been publicly presented to demonstrate the prevalence of this issue within the public service.
“[These changes] will undermine trust in the system, and weaken the ability to hold governments to account. Freedom of information is not a privilege given by government. It is a right owed to every Australian citizen,” the Coalition’s dissenting report stated.
Expert Opinions and Criticism
Liberal senator Leah Blyth, deputy chair of the committee, emphasized the importance of balancing government transparency with protecting essential private interests. She argued that the proposed changes dilute the fundamental purpose of FoI.
Opposition senators have expressed concern that the government’s proposed changes are “ill-informed” and “unwarranted.” They have called for evidence to support claims of increased FoI requests generated through automation and chatbots.
Greens senator David Shoebridge criticized Labor for ignoring evidence presented to the committee and rejecting amendments. He described the situation as “a case study in how hubris and an addiction to secrecy guides their politics.”
Pocock stated, “It is a bad bill with no friends that will be damaging for transparency and our democracy. Freedom of information should be accessible to all Australians, not just those who can afford it.”
Government’s Stance and Future Implications
For the bill to pass in the Senate, the government will need support from either the opposition or the Greens. Attorney General Michelle Rowland stated that the government would “carefully consider” the report and is “committed to working across parliament and passing ambitious reforms that will prioritize genuine FoI requests, and save taxpayers millions of dollars on anonymous, frivolous, and automated requests.”
The bill was initially listed in the final sitting week but was subsequently removed from the notice paper. This development follows a previous FoI inquiry in December 2023, which described the FoI regime as “dysfunctional and broken” due to years of funding cuts and a lack of senior pro-disclosure “champions” across the public service.
In response to ongoing criticisms, the Office of the Australian Information Commissioner reintroduced the three-commissioner model in 2024, appointing standalone FoI and privacy commissioners to oversee the regime.
As the debate continues, the implications of these proposed changes remain a contentious issue, with potential impacts on government transparency and public access to information.
