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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25 February 2026 | What's new in the Administrative Review Tribunal's 2026 FOI Practice Direction

The 2026 Direction makes some changes to how Freedom of information reviews are conducted in the Administrative Review Tribunal, and are examined in this article.

23 February 2026 | Consideration of Bachelard s 47F commentary by the Freedom of Information Commissioner

We report on two recent FOI Commissioner Cases, which refer to the Tribunal’s recent characterisation of s 47F. In the remitted Tribunal matter of Australia Federal Police (Freedom of Information) [2025] ARTA 2416 (Bachelard), Justice Kyrou found that in order for s 47F to apply, the information must be 'about' an individual, rather than simply refer to them.

20 February 2026 | Automated decision-making and public reporting under the Freedom of Information Act

On 21 January 2026 the OAIC released a report, which explores the prevalence of appropriate disclosure of the use of automated decision-making agencies under the FOI Act.

29 January 2026 | Case note: 'AZG' and Services Australia (Freedom of information)

This Information Commissioner review concerned whether a practical refusal reason existed in relation to a request for documents held by Services Australia relating to the Applicant.

23 January 2026 | When will an agency be required to generate a document in response to an FOI Request? Section 17 of the FOI Act explained

The FOI Act provides every person with a legally enforceable right to obtain access to documents of an agency or a Minister. Generally, this does not require an agency to give information or to answer questions.

22 January 2026 | Case note: 'AVH' and Prime Minister of Australia (Freedom of Information)

This interesting IC review matter explored what constitutes 'an official document of a Minister'. Excitingly, this IC review matter involved the world's favourite pop sensation – Taylor Swift!

16 December 2025 | Ex tempore decision in Services Australia v Anatoly Kern

In this proceeding the Services Australia contended that the disclosure of positional email inboxes should be conditionally exempt under section 47E(d) of the FOI Act.

11 December 2025 | 12 Days of (Christmas) FOI

Our Information Law team has put together the FOI version of the 12 Days of Christmas.

8 December 2025 | FOI Secondees – letters 'home' for Christmas

Read an FOI story from four of our secondees.

4 December 2025 | Case note: Endacott v Chief Executive Officer, Services Australia

This recent decision by the Administrative Review Tribunal will be of interest to Agencies that deal with s 38 of the FOI Act, which exempts documents to which certain secrecy provisions apply.

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