ICON alert – edition 25

Message from FOI Commissioner Alice Linacre

Hello and welcome to our latest ICON alert.

In this edition, I am excited to share the launch of the OAIC's new FOI Disclosure Log Hub which provides easy online access to hundreds of agency disclosure log pages.

Other news this month includes the beginning of consultation on an update to Part 13 of the OAIC's FOI Guidelines, the announcement of the date for our next FOI Webinar, as well as a reminder on extension of time applications being shared directly with FOI applicants.

This update also comes ahead of Privacy Awareness Week 2026, which is one of the OAIC's major initiatives each year, and centred around the theme of dispute resolution.

In addition to recent IC decisions, we have also included 2 job opportunities which have recently opened up at the OAIC, for those who might have an interest in working at the forefront of information access and privacy in the Australian government.

Finally, last month I published My first six months as FOI commissioner: Building trust and promoting good administration. I'd encourage you to read that blog to learn more about my priorities and goals for sustainable improvement in the FOI ecosystem.

FOI Disclosure Log Hub launched

On 27 March 2026, the OAIC launched a new FOI Disclosure Log Hub, providing streamlined access to the disclosure logs of over 240 Australian Government agencies, including the top 20 recipients of FOI requests.

This tool makes it easier for the community to find information released under the Commonwealth FOI Act, supporting the aim of greater transparency and accessibility across government.

Disclosure logs play an important role in proactively sharing information, increasing efficiency and reducing the need for multiple FOI requests. By improving access to this material, we’re helping to strengthen public understanding of FOI rights and supporting more efficient information sharing.

With this resource now available, it is also helpful for agencies to update the OAIC if you have had any changes to your Disclosure Log URL, such as if your website has undergone a redesign.

Please communicate any such changes to communications@oaic.gov.au.

Consultation on draft updates to Part 13 of the FOI Guidelines (IPS)

The OAIC will consult agencies and other interested stakeholders on updates to Part 13 (Information Publication Scheme) of the FOI Guidelines commencing on Monday 20 April 2026.

The updated Part 13 (v 1.6), as well as key updates, will be published on the OAIC’s consultation page on Monday 20 April 2026. The closing date for comments will be Friday 15 May 2026.

Part 13 of the FOI Guidelines assists agencies to establish and maintain an Information Publication Scheme under Part II of the FOI Act.

The proposed revisions refresh/update content and give effect to recommendations made in the Australian Information Commissioner’s report ‘Automated decision-making and public reporting under the Freedom of Information Act’. These also respond to issues identified in the Information Publication Scheme review survey 2023 and the Freedom of Information Practitioners’ Survey 2024.

Save the date for our next FOI Webinar

The OAIC will hold its second FOI webinar of the year on Tuesday 16 June 2026 from 11am-11.45am (AEST)*.

More information and registration details will be provided in the May edition of ICON.

* Times in various time zones below:

• Sydney, NSW at 11:00 am (AEDT)
• Canberra, ACT at 11:00am (AEDT)
• Hobart, TAS at 11:00am (AEDT)
• Melbourne, VIC at 11:00am (AEDT)
• Brisbane, QLD at 11:00 am (AEST)
• Adelaide, SA at 10:30 am (ACDT)
• Darwin, NT at 10:30 am (ACST)
• Perth, WA at 9:00 am (AWST)

Privacy Awareness Week 2026

Privacy Awareness Week (PAW) is an annual event which the OAIC participates in to raise awareness of privacy issues and the importance of protecting personal information.

This year's theme is Trust is built here – In every privacy complaint. In every resolution.

It reflects the growing number of privacy complaints at the national level and our desire to encourage APP entities to uplift their dispute resolution services.

Join the OAIC Australian Privacy Commissioner Carly Kind and our guests for a special panel discussion on Wednesday 6 May 2026 to celebrate PAW.

The OAIC’s PAW panel: Building Trust and Loyalty through Better Privacy Complaint Handling will also hear from esteemed guests:

• Anna Campbell, General Counsel, Australian Financial Complaints Authority
• Melanie Lawrie, Chief Executive Officer, Society of Consumer Affairs Professionals Australia
• Melanie Marks, Director, Privacy & AI Governance, ctrl:cyber (moderator).

You can register for the PAW panel event here, and sign up as a PAW Supporter, by visiting our OAIC Privacy Awareness Week website.

Reminder: sharing extension of time applications with the applicant

In assessing an extension of time application (EOT) for processing a request, generally, the OAIC will consult the applicant where the extension sought is for a period longer than 30 days or where the agency is seeking to vary (further extend) an earlier extension granted by the OAIC.

During consultation, the OAIC will often send the applicant a copy of the EOT application. You should assume that your EOT application may be shared, so please advise if it contains anything sensitive that should not be passed on.

Further information about the extension of time application process is available from the OAIC website: Apply for an extension of time to process a freedom of information request.

Recent IC review decisions

Information Commissioner decisions made under s 55K of the FOI Act are published on AUSTLII. Recent decisions include:

‘AZV’ and Commonwealth Ombudsman (Freedom of information) [2026] AICmr 18 (2 March 2026)

This decision discusses the application of ss 24A (searches) and 47E(d) (agency operations) of the FOI Act to documents about an Ombudsman investigation into the handling of a Public Interest Disclosure (PID) by the Department of Home Affairs (the Department), under s 8 of the Ombudsman Act 1976.

In affirming the Ombudsman’s decision, the FOI Commissioner found that the Ombudsman had taken all reasonable steps to locate documents relevant to the applicant’s request and that the disclosure of PID investigation material and witness material provided to the Ombudsman by the Department for the purposes of investigating a complaint would, or could reasonably be expected to, have a substantial adverse effect on the proper and efficient conduct of the operations of the Ombudsman. The FOI Commissioner also found that the disclosure of the material at issue may frustrate the Ombudsman’s ability to meet its statutory obligations and could be likely to call into question the integrity of the Ombudsman.

Marty Ross and Australian Curriculum, Assessment and Reporting Authority (Freedom of information) [2026] AICmr 20 (18 March 2026)

This decision discusses the application of ss 22 (irrelevant information), 47C (deliberative material), 47E(d) (agency operations) and 47G(1)(b) of the FOI Act (business affairs information affecting future supply) to documents about the development and promotion of a public statement by the Australian Association of Mathematics Teachers, in relation to the national mathematics curriculum.

In setting aside the decision of the Australian Curriculum, Assessment and Reporting Authority (ACARA), the FOI Commissioner substituted her decision that while the material at issue is conditionally exempt under s 47C of the FOI Act, its disclosure would not be contrary to the public interest (s 11A). This decision also finds that the material at issue is not conditionally exempt under ss 47E(d) or 47G(1)(b) of the FOI Act, nor are the names and position titles of ACARA staff irrelevant to the applicant’s request (s 22 of the FOI Act).

'AZX' and Aged Care Quality and Safety Commission (Freedom of information) [2026] AICmr 21 (20 March 2026)

This decision discusses the application of s 45 of the FOI Act (material obtained in confidence) to a document that sets out the terms of an agreement reached between Arcare Pty Ltd (the third party) and the Aged Care Quality and Safety Commission (the Commission) in settlement of legal proceedings, including specific details of how the third party will implement the agreement. It finds that the document is exempt in full under s 45.

In affirming the Commission’s decision, the General Manager was satisfied that each of the five cumulative criteria have been met for s 45 of the FOI Act to apply to the document.

‘AZY’ and Services Australia (Freedom of information) [2026] AICmr 23 (24 March 2026)

This decision discusses s 38 of the FOI Act (secrecy provisions) in the context of the secrecy provision that applies in relation to information in the Australian Immunisation Register (the Register), established under the Australian Immunisation Register Act 2015 (AIR Act), in circumstances where the relevant information concerns a deceased person. The question before the FOI Commissioner was whether the material at issue is exempt under s 38 of the FOI Act because it contains information, the disclosure of which is prohibited under s 23 of the AIR Act, being an Act which is specified in Schedule 3 of the FOI Act. If not, whether s 47F of the FOI Act (personal privacy) applies to the material at issue.

In setting aside Services Australia’s decision, the FOI Commissioner found that the material at issue was not exempt under s 38 of the FOI Act, as s 23 of the AIR Act does not prohibit the disclosure of the material at issue to the applicant where disclosure accords with the deceased’s implied consent. In this regard, the FOI Commissioner found that it could reasonably be inferred from the applicable circumstances, evidence and the conduct of the deceased that the deceased gave implied consent for their medical/health information (including the material at issue) to be disclosed to the applicant.

The FOI Commissioner also found that while the material at issue was the personal information of the deceased, on the basis that s 47F(1) of the FOI Act expressly includes personal information about a deceased person, disclosure of the material would not be unreasonable. After weighing all the relevant factors, the FOI Commissioner was satisfied that although the material is of a sensitive nature as it consists of health information, it is relatively old, and is not of a nature that is adverse, or could be of detriment, to the deceased and it was unlikely that the deceased would have opposed its release to the applicant.

Now hiring at the OAIC

The OAIC currently hiring for the following positions:

General Manager, Investigations & Enforcement (SES Band 1, closing 23 April)

The General Manager, Investigations & Enforcement provides leadership to the Investigations and Enforcement Branch (Branch) within the Regulatory Action Division (RAD) which contains teams conducting investigations and enforcement activities, develops and implements investigation, litigation and enforcement strategies, and ensures the OAIC’s proactive regulatory action is consistent, proportionate and effective.

Assistant Director, Data Analytics, Regulatory Intelligence and Strategy (EL1, closing 26 April)

The OAIC is seeking a talented and innovative Assistant Director, Data Analytics to lead the data analytics and visualisation work program which informs business intelligence as well as the OAIC’s regulatory strategy and decision-making processes. This is a unique opportunity to apply your expertise in data analysis and visualisation while shaping Australia’s regulatory approach to emerging issues in privacy and information management.