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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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.

5 May 2025 | FOI processing period calculator

The calculator is an interactive tool to assist FOI practitioners.

15 April 2025 | Case note: Linda Poulton and Department of Climate Change, Energy, the Environment and Water (Freedom of Information)

This decision provides important confirmation of a long-accepted principle.

3 April 2025 | The caretaker period - what it means for FOI requests

The caretaker period has a considerable impact on government operations; the caretaker period does not stop the FOI clock!

2 April 2025 | Case Note: 'AUM' and Department of Education (Freedom of information)

The decision under review was a decision by the Department of Education to refuse access to certain documents relating to the Literacy and Numeracy Test for Initial Teacher Education.

25 March 2025 | Case note: Andrzejewski and Secretary, Department of Industry, Science and Resources (Practice and Procedure)

Focus: Confidentiality Application in ART Proceedings.

19 March 2025 | OAIC Reporting Update

On 19 March 2025, the Australian Information Commissioner published a Report to the Attorney-General titled - Messaging apps: a report on Australian Government agency practices and policies.

10 March 2025 | Case note: Geoffrey Shafran and Minister for Veterans' Affairs and Defence Personnel (Freedom of Information)

This recent decision has implications for agencies and Ministers where there has been a change of Minister following a change in Government.

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