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Quality and consistency through collaboration

All.Government.Government Regulatory Law

As you may be aware, the FOI team at Sparke Helmore provides a range of FOI processing services to our clients, including through secondments, as well as overflow or briefed models. As we wrap up the year, we thought you might be interested to hear from the experiences of some of our brilliant   secondees on the ‘front line’ of FOI processing across the Commonwealth.

In this article, some of our FOI secondees also share the things they have learned, as well as sharing some useful practical tips and advice.

Kate

In May of this year, I started my secondment with a Commonwealth Agency Freedom of Information Team. I have learned a lot, but what has surprised me most is that FOI is far more collaborative, strategic, and dynamic than I ever expected. Even though FOI sits within a specialised team, almost every request I have worked on has required input from multiple parts of the agency and members of the team. Each area brings a different perspective from operational context to legislative analysis, or sensitivities around release. Watching all those viewpoints come together to form a collective decision has given me a better, more holistic understanding of how an agency functions. It has shown me that FOI is not an isolated compliance task or purely legal, rather it is a whole of agency effort.

I have also come to appreciate the intellectual and practical balance required in FOI decision-making. On the surface, it’s applying exemptions and meeting timeframes, yet in practice it is so much more. It is coordinating stakeholders, explaining the Act in a way that’s accessible to busy line areas, managing competing priorities, and turning complex or sensitive information into clear, well-reasoned outcomes.

My secondment has pushed me to be more precise in my reasoning and more thoughtful about the public interest, particularly when transparency must be weighed against operational integrity or individual privacy. I have learnt how important it is to give applicants meaningful explanations, and how useful good and simple communication can be.

Overall, I have absolutely loved my secondment so far. FOI has a unique mix of law, policy, communication and problem-solving that I genuinely enjoy, and being able to contribute to something that supports transparency and accountability has served as a great, practical way to learn as I enter the field of law.

I’m excited to keep building on what I have learnt this year and look forward to what FOI brings in 2026!

Subhani

One of the most significant practical tips I have learnt during my time working in the FOI space is the value of engaging in direct verbal communication with clients, instead of relying solely on email or written communication.

A brief phone call, whether it is to request an extension of time, seek staff details or administrative release consent, or address a rescope, generally helps with smoother matter progression and a more helpful outcome for the applicant. This is because applicants tend to feel more supported and are also more willing to accept extensions of time when they speak to a person directly as some level of rapport can be established with applicant. This interaction allows them to ask questions on the spot rather than waiting for back-and-forth clarification via email. Even a one-minute conversation can substantially shift the tone of a matter. I have also found that if a caller does not answer initially, sending a pre-call SMS significantly improves the likelihood of their subsequent response.

Another effective strategy I have implemented to manage my workload is making a checklist of my top five matters to focus on each day. Having these priorities clearly outlined helps me remain focused and provides a structured approach to managing my tasks, minimising the risk of becoming overwhelmed by the overall workload.

Yesim

This year, during my time as an FOI Secondee, I have observed (and come to appreciate) that the FOI space is where transparency, legal precision and public trust all intersect.  As I reflect on the past 12 months, what has stood out for me the most is not the legislation, nor is it the deadlines.  It is not even the complexity or volume of the requests that the Commonwealth has to process on a regular basis.  Instead, what has truly stood out for me is the collaboration that happens behind the scenes – the collaboration that sits behind every FOI decision.

FOI is not just about locating information and applying exemptions. It is also about building a shared understanding of the information that is in front of us.  When there is room for questions, concerns, and even constructive pushback, the outcome is more likely to be a stronger and more transparent decision.  Having access to the right people, whether it be the relevant business area, the subject-matter experts and/or the legal services team, makes all the difference.  Each, hold a different piece of the puzzle, and the quality of the final decision will depend on how well those pieces are brought together.

The collaboration between these teams and the way information flows between them requires clear communication. 

FOI is not just about compliance, it is about relationships, trust and the willingness to work together towards a fair, transparent and defensible decision, in a timely manner – one that ultimately upholds and strengthens public trust.

Apollo

A full year after commencing my secondment in FOI, I have significantly developed my case and time management skills. Working in this space has allowed me to fully appreciate the vital role of an FOI officer and the complex challenges involved in executing these duties.

The initial 30-day timeframe for an FOI request is often challenging to satisfy given the variance in request complexity. Specifically, unclear drafting and the increasing use of Artificial Intelligence (AI) by applicants to draft requests have made the workload more difficult. However, whilst an unclear initial request scope may require further informal or formal consultation, I have observed that the majority of FOI applicants are willing to engage in this process, provided the communication from the Agency is clear and timely, and they feel that the FOI officer is making a genuine attempt to process their request in a way that would best provide them access to the information they are seeking.   

However, requests drafted by generative AI tools do present a unique hurdle. Due to “automation bias”, applicants often favour suggestions from automated systems and ignore correct, contradictory information provided by human FOI officers. Consequently, applicants may submit complex requests containing terms that simply do not align with agency record-keeping systems or existing documents, and/or reluctantly engage in any revision of scope process.

The challenges I have encountered when processing AI generated requests, have helped me critically build on my legal interpretation, negotiation and communication skills. I have learnt that when rescoping a request, it is crucial to communicate clearly, confidently, and with as much preparation as necessary and possible. Applicants generally appreciate this informed approach, which ultimately enhances public trust in the FOI system.

If you or your team requires assistance with FOI processing (either through secondment, overflow or briefed models), please don’t hesitate to reach out Molly or Chantal.

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