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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31 August 2026 | The FOI Act and APP 12 - A tale of two information access regimes

The FOI Act provides a right of access to documents held by the Commonwealth Government. However, it is not the only means for individuals to gain access to information.

25 August 2026 | Case Note: 'BBM' and Department of Defence (Freedom of Information)

This recent decision discusses the application of section 24A of the FOI Act and provides a useful reminder of what sort of evidence an agency may consider providing in IC review proceedings.

12 August 2026 | Case note: 'BBK' and the Minister for Aged Care and Seniors (Freedom of information)

In this recent decision, the Freedom of Information Commissioner discusses the application of irrelevant material under s 22 of the FOI Act and the application of ss 47C and 47F of the FOI Act.

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.

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