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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27 October 2025 | Case note: AYQ and the Attorney-General (Freedom of information)

This case note provides useful guidance for considering whether all reasonable steps have been taken to find documents within the scope of a request under s 24A of the FOI Act.

22 October 2025 | FOI Guidelines update – Approach to processing and deciding FOI Requests made by AI

On 1 October 2025, the OAIC updated Part 3 of the Freedom of Information Guidelines. What do you need to know?

20 October 2025 | FOI in the Administrative Review Tribunal – the 'ART' of resolving proceedings

When agencies become involved in FOI review proceedings before ART, this may present an opportunity for the agency to reconsider its position in respect of documents that were previously found to be exempt.

14 October 2025 | 'wRAPping' up the FOI year and staying ahead of the clock

And just like that we are on the downhill run to Christmas and the Reduced Activity Period.

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.

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