The Office of the Australian Information Commissioner (OAIC) provides this submission to assist the Senate Legal and Constitutional Affairs Legislation Committee (the Committee) in its inquiry into the Freedom of Information Amendment Bill 2025. The OAIC welcomes the Parliament’s consideration of the proposed amendments as it provides the opportunity for a public debate on ways to improve and modernise the operation of the FOI scheme.
As an independent statutory agency, the OAIC regulates privacy and freedom of information (FOI) under the Commonwealth Privacy Act 1988 (Privacy Act) and the Freedom of Information Act 1982 (FOI Act) and has specific functions under the Australian Information Commissioner Act 2010 (AIC Act) relating to the access to government information. In addition to these three principal Acts, a further 37 pieces of primary and subordinate legislation confer regulatory and other responsibilities on the OAIC, or require other bodies to consult the OAIC on privacy matters.
The OAIC notes that the inquiry into this Bill is being undertaken alongside other reviews and legislative proposals which underscore the importance of integrity in information. The OAIC’s operational expertise and regulatory data has informed this submission, with the objective of contributing to the Committee’s consideration of the proposed reforms and the improvement of the FOI framework. The submission provides the Committee with information:
- on the right to access information in Australia together with established national and international comparative measures,
- the role of FOI in securing access to information,
- the performance of agencies and the OAIC under that framework in recent years, and
- the potential operational impacts of the reforms on the OAIC and the Commonwealth FOI framework.
