What's new in the Administrative Review Tribunal's 2026 FOI Practice Direction

On 2 March 2026, the Administrative Review Tribunal (Freedom of Information) Practice Director 2026  (2026 Direction) will commence, formally revoking the Administrative Review Tribunal (Freedom of Information) Practice Direction 2024 (2024 Direction). The 2026 Direction makes some changes to how Freedom of information (FOI) reviews are conducted in the Administrative Review Tribunal (ART), and those changes are detailed below

New in 2026

1.      Practice direction me be used in Archives Act 1983 proceedings and proceedings relating to exempt security records (cl 1.12; cl 1.13)

The 2026 Direction now states that:

• The Tribunal may rely upon aspects of the FOI Practice Direction when determining procedure in proceedings involving the review of a decision of the National Archives of Australia under the Archives Act 1983 (cl 1.12)
• Exempt security record decisions, conducted in the Intelligence and Security jurisdictional area, may also use the 2026 Direction as guidance, to the extent considered appropriate by the relevant member (cl 1.13).  B

Why it matters

This change makes clear that FOI practice directions can inform Archives Act reviews and exempt security record decisions.  

2.      More detailed third-party notification requirements (cl 2.4)

In the 2024 Direction, agencies were simply stated to have an obligation to notify affected third parties that an application had been made to the Tribunal. In contrast, the 2026 Direction states that:

• Notification should expressly refer to s 60AA of the FOI Act
• Requires notification as soon as practicable and not less than 14 days before a scheduled hearing
• Specifies that the notification must include:
  • details of the parties
  • date, time and location of any scheduled hearing
  • the right of an affected third party to apply to become a party to the proceedings under s 22(1) of the FOI Act, and
  • tribunal contact details.

Why it matters

The change moves from a general obligation to a structured procedural requirement. It reduces ambiguity around timing and notification requirements and strengthens procedural fairness for affected third parties.

3.      Destruction of exempt documents by consent (cl 3.15(b))

Under the 2024 Direction, where a document was found to be exempt, it was to be returned to the decision-maker as soon as practicable. The 2026 Direction now provides that the document will:

• be returned to the decision-maker, or
• with the written consent of the decision-maker, be destroyed, as soon as possible after expiration of the applicable appeal period.

Why it matters

This change may help avoid unnecessary administrative handling of highly sensitive material and assist in reducing unnecessary costs for decision makers.

4.      Expanded consequences for no compliance (cl 1.10)

The language in clause 1.10 has been broadened in the 2026 Direction, expanding the consequences of non-compliance. The Tribunal can now remove a non-compliant person as a party to the review, broadening the power from 2024.

Why it matters

This reflects a firmer approach on the part of the Tribunal, consistent with the Tribunal’s broader case management framework

If you have an FOI matter you would like assistance with, please contact our information law team specialists Molly, Chantal or Kelly.