Media release: ANAO audit confirms Australia’s FOI system is failing the public

The Australian National Audit Office’s performance audit into the administration of Freedom of Information laws confirms longstanding concerns that Australia’s FOI system is failing to meet its democratic purpose and is in urgent need of comprehensive reform.

Key Findings

• All three audited entities (Department of the Prime Minister and Cabinet, Treasury, and the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts) "do not have appropriate policies and procedures in place to meet their responsibilities under the Freedom of Information Act." Treasury had no finalised FOI policies or procedures at all.
• Applicants received any material in only 43% of cases—under half.
• Multiple failures inconsistent with the pro-disclosure intent of the FOI Act, including:
  • Entities not meeting obligations to assist applicants or locate requested documents.
  • Incomplete publication of released documents on public disclosure logs.
  • Statutory decision-making and disclosure timeframes not consistently met.
  • Inconsistent and poorly evidenced decision-making processes and record-keeping.
• 24% of internal reviews resulted in additional information being released; 54% of Information Commissioner reviews led to further disclosures.
• 62% of Information Commissioner decisions across government in 2024–2025 were set aside, raising concerns about compliance with pro-disclosure objectives.

Recommendations

• The ANAO recommended that departments comply with the objects of the FOI Act and regularly review practices to ensure timely public access to information.
• Entities should implement monitoring and assurance frameworks to ensure adherence to FOI policies and procedures.

Call for Reform

The Centre for Public Integrity calls on the government to:

• Commission a comprehensive and independent review of the FOI regime.
• Implement enforceable reforms to restore transparency, accountability, and public trust.
• Ensure integrity institutions like the ANAO are properly resourced for independent scrutiny.

The audit underscores the need for substantial reforms to give effect to the FOI Act’s pro-disclosure objectives in the modern information environment.