'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 (RAP). But not even Santa Clause himself can stop the FOI clock, so we’ve wRAPped up some tips and tricks to help your FOI teams get a well-deserved break this year!

1. Plan your messaging now

FOI applicants like to be kept in the loop about their requests – and they’ll appreciate timely updates during the busy end of year period. Take some time now to prepare messaging about your agency’s approach over Christmas, including:

• how FOI processing timeframes may be affected
• making any requests for extensions of time (EOTs) early in the request period, and
• providing timely updates on when applicants can expect to receive their access decision.

2. Stay on top of the FOI clock

The FOI clock continues ticking over the RAP period, so start to consider whether your agency will build in a s 15AA request (extension of time by agreement) into your acknowledgment letters.  

Explain to your FOI applicants what the RAP is, and how this impacts your FOI team in terms of staffing and processing capability. Be transparent and timely with your communications.

This year, the final 30-day period for 2025 will start on 23 November 2025 (assuming your team finishes up on 23 December 2025). So have this date in your calendars now, and make sure you action any EOT requests well before this time.  

3. Proactively manage EOTs

Prior to RAP, make a list of matters that will fall due over the RAP period and work towards securing s 15AA or 15AB extensions of time for those matters sooner rather than later.

Where possible, always reach out to the applicant under s 15AA first.

If you do intend on making a s 15AB EOT request with the Office of the Australian Information Commissioner (OAIC), remember you must make submissions to show that the request is complex and/or voluminous. Your submissions should detail all steps taken to process the matter to date, and any anticipated next steps. For example, an initial search and retrieval process may have captured a significant number of documents or identified the need to consult with a number of internal or external stakeholders.

If you anticipate any external review matters having due dates leading up to or during the RAP period, it’s a good idea to plan now. Talk to your team about whether these timeframes can be prioritised and met, and if not make sure you give the OAIC, Administrative Review Tribunal (ART) or Federal Court of Australia (FCA) plenty of time to consider any EOT request. 

4. Manage consultations and complex requests

It’s important to identify early, any matters that might give rise to practical refusal consultation (ss 24, 24AA and 24AB), third party consultations (ss 26A, 27, 27A) or charges (ss 29 and 31).

These processes are complex and take time to complete, so it’s important to start actioning the required steps early on in the request period and to notify your FOI applicant of any changes to the process timeframe as soon as possible.

When it comes to planning your RAP period, don’t forget that undertaking formal third-party consultation will have the effect of extending your FOI clock by 30 days, and any charges or s 24AB notifications will also pause the clock.   

5.Prioritise finalising requests before end of year

Where possible, close out any current FOI request before the end of year – this will avoid a backlog of requests needing to be processed in January.

Remember, you don’t have to wait until the final day of a request period to issue a decision!

6. Consider outsourcing or additional support

At Sparke Helmore, we assist a number of Commonwealth agencies with the processing of FOI requests and internal reviews, as well as external review matters ta the OAIC, ART and FCA.

We know that the end of the year can often bring a surge of FOI requests, which need to be balanced with reduced staff and leave schedules over the summer break.

That’s why we offer flexible solutions – from short-term secondments to overflow support – to help your FOI team stay on top of workloads during these busier periods of the year.

Reach out to Molly or Chantal if we can support your agency in the lead up to this year’s RAP.