International Access to Information Day
25-September-2026
Every person has a legally enforceable right to documents of an agency, except to exempt documents.
International Access to Information Day (IAID) is celebrated annually on 28 September. This year’s theme is Transparency + Access = Information Integrity.
In recognition of this important initiative, our Information Law specialists have considered and provided below some practical tips for agencies to support information access best practice.
1. Consider proactive disclosure
Explore other avenues to minimise burden on the Freedom of Information (FOI) process and your Information Publication Scheme (IPS) obligations, for example, including information on the agency’s website or proactively releasing information administratively. This reduces reliance on individual FOI applications and builds public trust by making reliable information available by default — directly supporting the ‘information integrity’ goal of crowding out misinformation with authoritative government sources.
2. Implement the Access to Information icon
In 2025, the Association of Information Access Commissioners (AIAC) agreed to the use of a consistent access to information icon to be used across government, to make access to information more accessible to the Australian public. This icon is now being implemented across Australia.
3. Weigh the public interest
Conditional exemptions under Division 3, Part IV of the Freedom of Information Act 1982 (Cth) (FOI Act) require a two-step assessment:
- whether the exemption provision is met, and
- whether disclosure of the exempt information would be contrary to the public interest.
In undertaking the second stage of the test, a detailed assessment of the factors for and against the public interest in refusing access to documents is required before making a decision. This should include recording clear, contemporaneous reasons of your assessment, including any evidence you have considered in making your decision.
Over-broad or inconsistent use of exemptions undermines both transparency and public confidence — a key theme risk this year.
4. Meet statutory timeframes and the requirement to assist
The 30-day processing period (with limited extensions) exists to ensure agencies actively engage in the disclosure process. Agencies should track processing timeframes closely and assist applicants with the access request at all stages of the process. This aligns with objects clause 3(4) of the FOI Act., that the Act should ‘… facilitate and promote public access to information, promptly and at the lowest reasonable cost.’
5. Ensure decision-makers are properly authorised and trained
Consistent, well-reasoned decisions depend on trained FOI decision-makers who understand both the FOI Act and information ecosystem. Regular training helps agencies improve their decisions, the experience of FOI applicants and reducing the likelihood of external review.
Sparke Helmore’s Information Law team provides extensive ongoing advice, support and training to Commonwealth and State government agencies in the area of information access. Please contact Chantal Tipene or Kelly Matheson if you require support.
