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Message from FOI Commissioner Alice Linacre
Hello and welcome to our latest ICON alert.
In this edition, I am excited to open up registrations for the OAIC's next Regulatory Practice Update webinar on 16 June 2026. You will find the link to register below, and I hope to see this opportunity as well received as our first webinar of the year in February.
Ahead of the EOFY period, it is also critical to ensure your Q4 and annual statistics are shared on time. For this, we have provided a reminder below, as well as a second reminder encouraging those engaging in our FOI processes to provide phone contact details where appropriate, to enable OAIC staff to quickly resolve simple issues with a phone call.
In other FOI developments, the OAIC is working hard to provide same day responses for EOT applications, and have shared an update in this newsletter helping you to make the most of this facility.
This week has brought the arrival of the Australian National Audit Office and Auditor-General's performance audit, Administration of the Freedom of Information Act 1982 by Selected Entities.
You can learn more about that important work and read the OAIC's response below.
I am also pleased to introduce to our readership the new Access to Information icon, which is displayed in this newsletter. A style guide for icon usage will be available on our OAIC website soon.
Also, consider stopping by to OAIC website to check out the Agency FOI Disclosure Log Hub. It has been updated with enhanced searching and sorting options for better ease of use.
Lastly, I will be speaking on Tuesday 26 May next week at the Leo Cussen FOI and Privacy Law Conference. My speech will be available on the OAIC website shortly after the event.
FOI Regulatory Practice Update webinar on 16 June 2026 – registrations open
The OAIC’s second FOI webinar for FOI practitioners of 2026 will be held on 16 June 2026 at 11am–12pm AEST.
We will firstly deliver a short session on FOI stats, covering the nuts and bolts of quarterly and annual FOI statistical returns (in the meantime, we have included an item below, ‘Reminder: FOI Statistics due in July' to help you be prepared to submit these returns).
OAIC staff will then provide an FOI regulatory practice update on:
- Extension of Time applications
- IC reviews
- Vexatious applicant declarations.
If you would like to attend, please find the link on this page, click Register, and provide registration information.
Is there a particular topic or scenario of interest that you would like us to discuss at the webinar?
If so, please send an email to GuidanceandPublications@oaic.gov.au with a short description of that topic or scenario and the subject line ‘Topic for June FOI webinar’.
Reminder: FOI statistics due in July
It is timely to remind agencies and ministers of the requirement to enter FOI statistics on the Information Commissioner’s secure web portal at https://foistats.oaic.gov.au/ (the FOIstats database):
- quarter 4 returns are due by 21 July 2026
- annual returns are due by 31 July 2026.
Detailed guidance on the statistical returns process is set out in our FOIstats guide. If you still have questions after reviewing the guide, please contact us via our Enquiry Form.
Taking it global – sharing our FOI impact
Rocelle Ago, OAIC's General Manager Freedom of Information Case Management, recently delivered a virtual presentation as part of the Organisation for Economic Co-operation and Development's (OECD) 2026 Capacity-Building Program on Digital and Open Government in Indonesia.
Speaking on the topic of ‘Improving information integrity through access to information and public communication,’ Rocelle highlighted the critical role of proactive disclosure in strengthening transparency and enhancing public access to information, and in helping to counter mis- and disinformation in an increasingly complex information environment.
Privacy Awareness Week 2026 is now complete
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 PAW event was held across 4-10 May, garnering support from more than 700 registered entities.
The OAIC's key PAW event, Building Trust and Loyalty through Better Privacy Complaint Handling, heard from Privacy Commissioner Carly Kind alongside 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).
If you would like to watch the panel, follow this link to view the recording.
Reminder: Including contact details with FOI communications
To enable timely resolution of FOI reviews and investigations, the OAIC reminds FOI practitioners that it is important to include contact details such as phone numbers when communicating with the OAIC.
There are many cases where important information could be clarified quickly with a phone call to the relevant agency or staff member, but unfortunately many don't include a direct contact number in their signature block.
The OAIC understands that phone numbers may not be appropriate to include in messages to both the OAIC and the applicant, but asks that communications solely to the OAIC include this important contact information where practical.
Working towards same day EOT responses
The OAIC is endeavouring to provide same day responses to Extension of Time applications.
To assist us in making a decision on your application as soon as possible, please ensure you provide all of the information requested in the EOT smartform. The OAIC may be required to request further information from an agency or decline an EOT application that is missing supporting material or where it is unclear how the processing period has been calculated.
Please also consider providing a contact phone number in case we need to clarify any part of your application.
When applying to the OAIC for an extension of time, make sure you explain your reasons for seeking an extension of time. Consider the appropriate type of extension to apply for. An extension under s 15AB will require an agency justify why an extension is necessary in respect of the complexity and/or volume. Following a deemed decision, an agency must justify why an extension is appropriate (ss 15AC, 54D, 51DA).
If relevant, such as where an agency has notified the OAIC of a s 15AA extension or has previously applied for a 15AB extension for the request) please include the OAIC reference number in the application.
Report: Administration of the Freedom of Information Act 1982 by Selected Entities
This week, the Australian National Audit Office (ANAO) and Auditor-General tabled the performance audit, Administration of the Freedom of Information Act 1982 by selected entities.
The OAIC has welcomed this report and its recommendations as a vital tool in shaping the OAIC’s regulatory strategy, guidance, priorities, posture, procedures and capabilities.
Good administration of the FOI Act requires identifying better and more effective ways of practically meeting the objects of the Act, and in its response to the Auditor-General, the OAIC has supported the 4 recommendations and 2 opportunities outlined for the OAIC.
These recommendations and opportunities, which include advising on the development of a Commonwealth-wide case management system for FOI requests, represent an opportunity to promote timely access to government information while improving information and data handling practices and FOI compliance in line with the OAIC’s regulatory priorities.
Follow this link to read the OAIC Statement on Australian National Audit Office report.
Access to Information icon
Australian Information Commissioners have completed the development and endorsement of a new, national information access icon, which will provide a readily identifiable and central point through which the community and agencies can engage more effectively.
The Access to Information icon design style guide for usage and resources will be available on the OAIC's website soon.
Recent IC review decisions
Information Commissioner decisions made under s 55K of the FOI Act are published on AUSTLII. Recent decisions include:
'BAK' and National Disability Insurance Agency (Freedom of information) [2026] AICmr 31 (15 May 2026)
Key points: This decision discusses s 42 of the FOI Act in the context of communications between internal lawyers of an agency and other agency officers, and the application of s 47E(d) to positional email addresses and meeting dial-in details. It is primarily of interest to the parties.
‘BAL’ and Australian Taxation Office (Freedom of information) [2026] AICmr 32 (15 May 2026)
Key points: This decision mainly considers the application of s 24A of the FOI Act to an FOI request to the ATO. It emphasises the importance of:
- accurately scoping the request, and
- the agency providing sufficient evidence to the OAIC to substantiate it has taken all reasonable steps to find documents in scope of the request.
It highlights that where an agency considers no documents exist on the face of the request, s 24A still requires the agency to take all reasonable steps to search for documents in scope before concluding that documents do not exist or are unable to be found.
‘BAE’ and Department of Home Affairs (Freedom of information) [2026] AICmr 27 (6 May 2026)
Key points: This decision discusses the application of ss 37, 47E and 47F of the FOI Act. This decision also includes discussion about 2 recent ART decisions concerning the definition of ‘personal information’ in the context of public sector employees; Bachelard and Australian Federal Police (Freedom of information) [2025] ARTA 2416 (7 November 2025) and Madden; Secretary, Services Australia (Freedom of Information) [2026] ARTA 423 (20 March 2026)
For further discussion about the definition of ‘personal information’ in the context of public sector employees, see ‘BAF’ and Services Australia (Freedom of information) [2026] AICmr 28 (14 May 2026), ‘BAJ’ and Australian Securities and Investments Commission (Freedom of information) [2026] AICmr 30 (14 May 2026), and ‘BAI’ and Services Australia (Freedom of information) [2026] AICmr 29 (14 May 2026).
‘BAA’ and Australian Broadcasting Corporation (Freedom of information) [2026] AICmr 26 (6 May 2026)
Key points: This decision discusses the application of s 47E(d) of the FOI Act to material that was removed from a court file following an order by the Federal Court of Australia (the Court). It finds that disclosure of the relevant material would have a significant adverse effect on the operations of the Court, particularly in the context where an agreement was reached by the parties in those proceedings and the Court’s overarching purpose of facilitating the just resolution of disputes according to law as quickly, inexpensively and efficiently as possible.
