If you’ve ever tried to peek behind the curtain of government decision-making in Australia, you’ll know that the Freedom of Information (FoI) system is supposed to be your ticket in.
But new data suggests that ticket is being stamped ‘denied’ more often than ever, and that’s raising some serious eyebrows about transparency and trust in our democracy.
According to the Office of the Australian Information Commissioner (OAIC), the independent watchdog for FoI, the rate at which the federal government is flat-out refusing FoI requests has soared to 27 per cent in the December 2024 quarter.
To put that in perspective, that’s the highest refusal rate in at least a decade—since 2014-15, in fact. For those of us who value open government, that’s a worrying trend.
Why does this matter?
FoI laws are designed to give everyday Australians access to information about how our government operates.
It’s a cornerstone of accountability—if we can’t see what’s going on, how can we hold our leaders to account?
As Clancy Moore, CEO of Transparency International Australia, puts it: ‘Important information about the functioning of government is being kept from everyday Australians.’ That’s not just a bureaucratic hiccup; it’s a potential threat to the integrity of our democracy.
What’s behind the surge in refusals?
The OAIC is keeping a close eye on the situation, acknowledging that there are ‘clear opportunities for improvement’ in the system.
While the reasons for the spike in refusals aren’t spelled out in the data, it’s clear that something has shifted.
Is it a culture of secrecy creeping back in? Are agencies overwhelmed and under-resourced? Or is it simply a case of tightening the reins on what information is deemed ‘safe’ to release?
Transparency advocates argue that the government needs to do more than just talk about openness.
Moore suggests stronger consequences for unlawful refusals, more funding for FoI teams and the OAIC, and a renewed push to foster a culture of transparency in the public sector.
After all, the Albanese government came to power promising a new era of integrity and openness—so why are we seeing the opposite?
It’s not all bad news
To be fair, the federal government has made some improvements in other areas of the FoI system. Decision-making is getting faster: 75 per cent of FoI requests are now processed within the required time limit, up from 70 per cent just a couple of years ago.
The government is also releasing more FoIs in full than most state and territory governments, and the costs charged to applicants are coming down.
But speed and affordability don’t mean much if the answer is ‘no’ more than one in four times.
The OAIC steps up
With refusals on the rise, the OAIC is stepping in more often to review those decisions. In 2023-24, it conducted merit reviews in a record 207 cases.
The OAIC says it’s committed to ramping up its effectiveness as a regulator, promoting open government, and helping agencies improve their FoI responses.
As the OAIC spokesperson reminds us: ‘The right to participate in government decision making through access to information and to hold government to account is one of the fundamental features of our democratic system.’
The FoI Act itself recognises that government information is a national resource, meant to be managed for public purposes and made accessible promptly and at the lowest reasonable cost.
As the issue of freedom of information and government transparency continues to evolve, it remains important to consider the balance between protecting sensitive information and ensuring public accountability.
What are your thoughts on the current rate of FoI refusals? Do you believe the government is striking the right balance between transparency and confidentiality? How could the FoI system be improved to better serve the public interest? Share your experiences in the comments below.
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