Freedom of Information Amendment Bill 2025
Submission Date: 3 October 2025
The Law Council welcomes the opportunity to provide a submission to the Senate Legal and Constitutional Affairs Legislation Committee (Committee) in response to its inquiry into the Freedom of Information Amendment Bill 2025 (Bill).
The Law Council has previously identified Freedom of Information (FOI) as an area of substantial concern in need of significant reform. That reform involves both statutory and cultural change, and to that end the Law Council welcomes government initiatives intended to give effect to the foundation principles of FOI and meaningful implementation of them.
While the Law Council welcomes efforts to streamline FOI processes and minimise misuse of these processes, this must be balanced with the overarching objective for the Freedom of Information Act 1982 (Cth) (FOI Act) to promote access to information, which is a fundamental right in our democracy. The Law Council considers a number of the proposals in the Bill extend beyond efficiency gain and weigh against the central objectives of the FOI Act.
We are of the view that the Bill does not address core issues raised in previous consultations with the FOI framework with respect to its design, administration, and delay.
Aspects of the Bill tend to work against the governing principles of FOI. We suggest the Bill includes several amendments which may have the effect of reducing transparency around Government decision-making and hindering scrutiny of matters in the public interest, contrary to the obligations under the FOI Act to ‘facilitate and promote access to information promptly and at the lowest cost’.1
On balance, the Law Council recommends that the Bill not be passed in its current form. The Law Council is opposed to those areas of the Bill that have the tendency to undermine the core principles of FOI, implement barriers to the public accessing information, and enlarge the scope of exemptions.
Before proceeding with the proposed legislative reforms—particularly those reforms that are likely to reduce access to information—the Australian Government should commission an independent review of the FOI Act and the broader operation of the federal FOI framework.
1. Freedom of Information Amendment Act 1982 (Cth) s 3(4).
Last Updated on 20/10/2025
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