Key takeaways from FOI Commissioner Alice Linacre's keynote at the Australian Government Solicitor FOI and Privacy Law Conference

On 22 August 2025, Alice Linacre PSM was appointed as the new Freedom of Information (FOI) Commissioner in the Office of the Australian Information Commissioner (OAIC), succeeding Toni Pirani. Commissioner Linacre’s (the Commissioner) five-year appointment commenced on 29 September 2025.

On 6 November 2025, Commissioner Linacre gave a keynote address at the Australian Government Solicitor FOI and Privacy Law Conference. In her address, Commissioner Linacre discussed how one of the primary purposes of FOI law is to improve government transparency and accountability, before then discussing an often overlooked part of the FOI Act, the Commonwealth’s Information Publication Scheme (IPS) and its legislated focus on proactive publication as a transparency vehicle.

The Information Publication Scheme and proactive publication

Part II of the Freedom of Information Act 1982 (the FOI Act) contains the IPS which requires government agencies to publish operational information. Agencies may also use the IPS to proactively publish other categories of information.

In her address, Commissioner Linacre encouraged ongoing compliance with the IPS and the proactive release of Government policies, noting that proactive publication of information is in alignment with the OAIC’s current regulatory priorities and the objects of the FOI Act, and also has the proactive benefit of reducing the need for members of the public to engage in formal access requests.

Commissioner Linacre noted a concerning finding from the Information Publication Scheme 2023 Survey in that ‘the majority (78%) of agencies believed there would be no change to the number of FOI requests their agencies receive if proactive publication under the IPS was increased.’

Referring to the ‘principles for proactive release of government’ which were released by Information Commissioners and Ombudsmen across Australia in 2011, Commissioner Linacre reiterated the regulators’ view that agencies should strive proactively publish information to the ‘greatest extent possible’, limiting the need for formal access requests.

After personal information, documents concerning spending and budgeting, reports and data are likely to be the most requested type of information across all jurisdictions over the next few years, according to Commissioner Linacre. Proactive release of this material can be one of the mechanisms for the public to access it more cheaply and quickly than through any other access framework. Commissioner Linacre also noted in her address that proactive disclosure of information builds trust and confidence, and it enhances public discussion and engagement.

Disclosure logs

With respect to Disclosure Logs, Commissioner Linacre identified the continued use of disclosure logs as an effective strategy to reduce the likelihood of receiving multiple requests for the same information, reducing time and effort that would otherwise be spent on processing requests. Commissioner Linacre also noted that disclosure logs can provide guidance for understanding what information can be proactively released to reduce repeated access requests. Highlighting the value of disclosures logs to the public, Commissioner Linacre referenced data indicating that in 2024-25, there were 102,080 unique visitors to disclosure logs, and 237,516 page views.

Administrative access schemes

In her address, Commissioner Linacre also acknowledged that proactive publication isn't appropriate for all types of information, such as for personal information. On this point, Commissioner Linacre noted that the administrative release of information can provide a less formal and fast access option for agencies and the community. Commissioner Linacre provides personal information, data, statistics, policies and procedures that aren’t available online as examples of suitable types of information that can be provided via administrative access arrangements.

As a case study, Commissioner Linacre highlighted the Department of Veterans’ Affairs, which experienced a 52% decrease in FOI requests from 2023-24 to 2024-25. The Department of Veterans’ Affairs identified a major contributor to that decrease as being its continued encouragement of the use of administrative access, meaning that a significant portion of information released is via its administrative mechanisms, reducing the number of total FOI requests received.

Key takeaways

Through her focus on alternative publication mechanisms, Commissioner Linacre’s address provides agencies with useful guidance on ways to proactively approach and managed the ever increasing demand on FOI workloads, whilst maintain a focus on the promotion of the FOI Act’s transparency and accountability objectives.  Following the Commissioner’s address, Agencies can practically look to implement some these recommendations by:

• Reviewing their compliance with the IPS and their proactive publication policies and, identifying opportunities for further proactive publication.
• Maintaining an up-to-date disclosure log that is easily accessible to the public, and continue to refer to disclosure log materials in identifying further Agency information which would be appropriate for proactive publication
• Reviewing existing administrative access mechanisms to ensure they are fit for purpose and accessible to information access applications as a viable alternative to conventional FOI requests.

You can read Commissioner Linacre’s full speech here.