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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24 September 2025 | Case Note: AYG and Department of Home Affairs (Freedom of information)

This recent decision by Freedom of Information Commissioner Toni Pirani examines the application of ss 47C and 47E(d) under the Freedom of Information Act 1982 (Cth).

22 September 2025 | Case note: Frati and Australian Criminal Intelligence Commission (Freedom of information)

This recent decision of the Australian Review Tribunal considers s 25 of the Freedom of Information Act 1982 (Cth) and provides guidance on its application.

18 September 2025 | From reasonable expectations to solid proof: the evidentiary step-up in Freedom of Information litigation

Once a matter proceeds to the Australian Information Commissioner, Administrative Review Tribunal or the Federal Court of Australia, the expectations around the evidence changes and increases in formality.

3 September 2025 | The FOI Amendment Bill introduced to Parliament

The FOI Amendment Bill has introduced the biggest changes to the FOI Act in more than a decade.

28 August 2025 | Day in the life of a secondment

Kate Daly, a paralegal in our Government team, is undertaking a secondment with the Commonwealth Freedom of Information team. What does a day look like for Kate?

26 August 2025 | Building public trust and modernising oversight: OAIC's regulatory action priorities for 2025-26

The regulatory action priorities reflect the OAIC's focus on areas that require regulatory oversight to prevent privacy harm and uphold information access rights, ultimately aiming to increase public trust and confidence.

22 August 2025 | Case note: Riley Brown and Australian Broadcasting Corporation (Freedom of information)

This recent decision of the FOI Commissioner considers the legal professional privilege exemption provision contained in s 42 of the FOI Act and provides guidance on its application.

15 August 2025 | Case note: Houda v Seraphim

This appeal concerned an anti-discrimination matter.

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).

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