Monthly FOI update :: Sparke Helmore

The Freedom of Information Act 1982 (Cth) provides the public with a legal right to access documents and information held by Commonwealth Government and Ministers, subject to the application of exemption provisions. Our brief monthly update will keep you informed about recent FOI decisions of the Office of the Australian Information Commissioner (OAIC), the Administrative Review Tribunal (ART) and Federal Court of Australia (FCA). We will also share our insights on FOI trends and some practical FOI processing tips, which we hope will assist agencies in navigating the processing of FOI requests.

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30 July 2025 | Key statistics from the FOI financial year that was – 2024/25

We are pleased to provide a wrap up of the decisions made by the Office of the Australian Information Commissioner over the past financial year.

28 July 2025 | Case note: 'AWX' and Department of Defence (Freedom of information)

This recent decision by the Information Commissioner Toni Pirani provides an examination into the use of s 42 under the Freedom of Information Act 1982 (Cth).

24 July 2025 | Case note: 'AXH' and the Department of Prime Minister and Cabinet (Freedom of information)

This recent decision of Freedom of Information Commissioner, Toni Pirani, provides useful guidance on several exemption provisions of the FOI Act, including ss 22, 42 47F, 47G, and 47C of the FOI Act.

23 July 2025 | Case note: 'AXE' and Australian Federal Police (Freedom of information)

This recent decision of Freedom Information Commissioner, Tori Pirani, provides practical guidance on applying s 47E(c) in relation to recruitment related documents.

11 June 2025 | Case note: 'AUR' and Comcare (Freedom of Information)

This recent decision of the FOI Commissioner provides practical guidance on applying FOI Act exemptions, sections 47(1)(b) and 47G.

10 June 2025 | Case note: AWT v Administrative Review Tribunal (Freedom of Information)

The issue at hand was whether the ART could rely on the exemptions under the FOI Act that had been claimed by the now-defunct AAT.

9 June 2025 | The interplay between privacy and FOI: a guide on applying s 47F of the FOI Act

To mark Privacy Awareness Week, it's timely to explore the interplay between privacy and freedom of information law in Australia.

14 May 2025 | How do I finalise my reasons for a decision if my FOI matter has deemed?

The changes in wording between a decision SoR compared with a SoR following a deemed decision are important.

11 May 2025 | Case note: 'AUQ' and Department of Health and Aged Care (Freedom of Information)

This decision deals with a request for documentation relating to COVID-19 vaccine safety reports.

9 May 2025 | How do I process an FOI request for an Incoming Government Brief

With the conclusion of the 2025 Commonwealth election and the associated caretaker period, we are expecting that Commonwealth agencies will begin to receive FOI requests for incoming government briefs.

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Chantal Tipene
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Katherine Whittemore
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Molly Campbell
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