Australia's FOI system under review - Key findings from the Auditor-General

Results of an audit conducted by the Australian National Audit Office (ANAO), released on 20 May 2026, has found that the audited federal government departments’ administration of the FOI Act were ‘partly effective’ in giving the community access to information. As a result of this audit, ANAO have made a number of recommendations across policies, record keeping, timeframes and decision-making to improve administration of the FOI Act across agencies.

The audit examined three government agencies across 1,111 FOI requests for non-personal information. The audit scope examined requests that were active at any time during 2024. The audit also engaged with the Office of the Australian Information Commissioner (OAIC) in light of the preliminary audit findings and potential recommendations made.

The audit found that a decision to provide some documents to applicants was made in 43% of requests examined.  The audit found that 79% of requests did not meet the entities’ internal requirements to evidence the reasonableness of document searches undertaken.

Notably, decision-making records were a concern raised in the audit. For 32% of requests examined there was no record of advice provided to the decision-maker, and for 30% of there was no record of the decision itself, beyond the decision document provided to the applicant.

Recommendations

The ANAO made nine recommendations covering policy reform, record keeping, disclosure log compliance, decision-making guidance and data assurance. All were agreed to, or agreed to in principle, by all three audited agencies and the OAIC.

These recommendations were as follows:

Recommendation 1: Entities review, update and finalise a complete Freedom of Information policy and procedure(s), and undertake regular review to ensure these policies and procedures remain accurate and up to date.

Recommendation 2: Entities each implement a monitoring and assurance framework over their internal requirements to record: the searches they undertake in response to Freedom of Information applications; and decisions to refuse access because records could not be located or do not exist.

Recommendation 3: Entities comply with the objects of the Freedom of Information Act and periodically review the level and timeliness of disclosures they make in response to Freedom of Information applications as an indicator of whether their organisational culture, policies and practices are effective in providing the Australian community with access to information held by the Australian Government.

Recommendation 4: The Office of the Australian Information Commissioner investigate and advise the Australian Government on the merits of developing a Commonwealth-wide case management system or approach for all entities subject to the Freedom of Information Act use to manage requests as well as to monitor and report on their performance in meeting their obligations under the Act. This system could also be used by the Commissioner to compile the statistics that it publishes with its annual report.

Recommendation 5: The Office of the Australian Information Commissioner strengthen its guidance by identifying to entities better practice approaches to implementing the principles for good decision-making under the Freedom of Information Act that are set out in its Guidelines, including ensuring all decisions of a decision-maker are clearly recorded, along with evidence of the decision-maker making the decision and their considerations.

Recommendation 6: Entities implement a monitoring and assurance framework over adherence to their policies and procedures for decision-making under the Freedom of Information Act.

Recommendation 7: The Office of the Australian Information Commissioner strengthen the Freedom of Information Guidelines to address the conduct of courtesy consultations undertaken in addition to those provided for in the Freedom of Information Act, as well as imminent release notification processes, including how entities are to manage the risks to the independence of agency decision-making that can arise from those processes.

Recommendation 8: Entities:

1. strengthen their recordkeeping over decisions about exemptions and redactions in response to FOI requests; and
2. issue guidance to decision-makers that emphasises the importance of adopting a pro-disclosure posture, combined with monitoring whether the frequency and extent use of exemptions and redactions by decision-makers is consistent with a pro-disclosure posture.

Recommendation 9: Assurance frameworks be developed and implemented by:

1. each entity, over the data they extract from their case management systems to report data to the Office of the Australian Information Commissioner; and
2. the Office of the Australian Information Commissioner, over the data received from entities and reported publicly by the Office of the Australian Information Commissioner.

Takeaways for FOI decision makers

The audit contains useful takeaways for all FOI decision makers.

Maintaining records of internal advice received regarding sensitivities around release of requested material is fundamental in demonstrating compliance with legislative obligations, supporting accountability and enabling strong decision making. The ANAO audit emphasises the need for decision-making process to be clearly documented, independent, and evidenced, not just reflected in templated notices to applicants. Keeping accurate records of searches conducted and internal advice on document sensitives will ensure that an FOI decision will be able to be supported with evidence, should a matter reach IC or ART review.

Further, agencies with FOI obligations should work to ensure they have policies,  procedures, and frameworks in place that support strong FOI decision making, to ensure they are meeting their obligations under the FOI Act.

If your agency requires advice or assistance with the processing of FOI requests or requires advice or support with the development of internal FOI procedure manuals, template or guidelines, please reach out to Chantal Tipene and our team of FOI specialists would be happy to assist.

The ANAO audit report is available here.