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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29 July 2026 | Case note: 'BAZ' and Australian Trade and Investment Commission (Freedom of Information)

In this recent decision of the Freedom of Information Commissioner discusses whether the Australian Trade and Investment Commission's decision to find the applicant liable to pay a charge of $560.00 under s 29 of the Freedom of Information Act was the correct and preferable decision in the circumstances.

22 July 2026 | Vexatious Applicant Declarations – Guidance for agencies from the recent case of Australian Human Rights Commission and 'BAY' (Freedom of information)

In this recent decision, Freedom of Information Commissioner declared the respondent a vexatious applicant under s 89K(1) of the Freedom of Information Act 1982, on the basis that the respondent's repeated access actions involved an abuse of process by unreasonably interfering with the operations of the Australian Human Rights Commission.

15 July 2026 | Document search minutes – Practical tips from the Office of the Australian Information Commissioner

After receiving a request under the Freedom of Information Act, government agencies conduct searches to identify documents in scope of the request. Typically, agencies require the completion of an internally developed 'document search minute'; agencies should regularly review their existing document search minute templates in light of the latest OAIC guidance.

29 June 2026 | Guidance on what will constitute personal information for the purposes of s 47F in the FOI Act

In this recent decision of the Freedom of Information Commissioner, the Commissioner provides useful guidance on personal privacy conditional exemption in s 47F of the Freedom of Information Act 1982 (Cth).

26 June 2026 | Case note: 'BAP' and Department of Veterans' Affairs (Freedom of information)

In this recent decision of the Freedom of Information Commissioner, the Commissioner examines the commercially valuable information exemption (s 47(1)(b)) and the personal privacy conditional exemption (s 47F) of the Freedom of Information Act 1982 (Cth).

25 June 2026 | Your 'A to E' guide on disclosure log obligations under s 11C of the FOI Act

Every Australian government agency and minister that is subject to the Freedom of Information Act 1982 (Cth) must publish information that has been released in response to an FOI request, unless an exception applies. This publication is called a 'disclosure log'.

28 May 2026 | Australia's FOI system under review - Key findings from the Auditor-General

Results of an audit conducted by the Australian National Audit Office have found that the audited federal government departments' administration of the FOI Act were 'partly effective' in giving the community access to information.

27 May 2026 | Case note: Tennant and Secretary, Department of Employment and Workplace Relations

This Administrative Review Tribunal decision concerns a decision of the Department of Employment and Workplace Relations and discussed the application of ss 47E(a), 47D and 47E(d) of the Freedom of Information Act 1982 (Cth).

25 May 2026 | Guide to undertaking a formal consultation under s 24AB of the FOI Act

Under ss 24 and 24AB of the FOI Act, relying on a practical refusal reason to refuse a request for access to documents is contingent on an agency first undertaking a formal consultation process. In this article, we provide a step-by-step guide to undertaking a formal consultation under s 24AA of the FOI Act.

21 May 2026 | Guidance with handling AI-generated Freedom of Information requests

The increased accessibility to free, online AI tools in recent years creates the opportunity for individuals to use the technology to quickly draft and submit requests under the Freedom of Information Act. This presents novel challenges for Australian government agencies processing requests.

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