FOI Commissioner Urges Proactive Release
Freedom of Information Commissioner Alice Linacre has called on Australian Government agencies to shift their information management strategy from reactive to proactive publication. Her address to the Australian Government Solicitor FOI and Privacy Law Conference on 6 November identified proactive disclosure as the primary driver for achieving transparency, citizen trust, and democratic participation.
"Proactive release of information can have a meaningful impact on how people perceive and participate in government," Linacre said in her keynote address on 6 November 2025.
"Access requests under the Freedom of Information Act are only one element of achieving the objectives, and I encourage you all to make a conversation about publication of information part of your information law practice."
Linacre's message arrives amid significant reform efforts. The Government introduced the Freedom of Information Amendment Bill 2025 on 3 September 2025, which has sparked debate about balancing accessibility with resource constraints.
The Bill is under examination by the Senate Legal and Constitutional Affairs Legislation Committee, with a report expected by 3 December 2025.
The Commissioner highlighted recent research showing strong public demand for government transparency. A cross-jurisdictional study of community attitudes released in October 2025 found that 91-96 per cent of respondents across all jurisdictions perceive the right to access government-held information as important.
"Around 90 per cent of people agree that access to government information improves transparency and accountability," Linacre stated in her address.
However, the current FOI framework shows concerning trends. The rate of FOI requests being granted in full reduced from 59 per cent in 2011-12 to just 25 per cent in 2023-2024, indicating mounting pressure on agencies to process complex requests within tight timeframes.
Information Publication Scheme Shows Mixed Results
Linacre discussed findings from the 2023 Information Publication Scheme survey, which examined agency compliance with proactive publication obligations. Ninety-four per cent of 209 surveyed agencies participated – a strong engagement rate. Yet the results revealed critical gaps: only 29 per cent of agencies have adopted strategies for increasing open access to information they hold, down from 35 per cent in 2018.
"Information asset management, discoverable and useable information, information governance and finding the best way to engage with the community can create challenges to publishing public sector information," Linacre explained. The survey identified these as key barriers preventing agencies from maximising proactive disclosure potential.
Linacre highlighted administrative release schemes as a practical pathway for reducing FOI workload. The Department of Veterans Affairs demonstrated the approach's effectiveness, experiencing a 52 per cent decrease in FOI requests – from 1,806 in 2023-24 to 873 in 2024-25. DVA attributes this decrease directly to encouraging administrative access for appropriate requests, particularly personal information, data and statistics not already available online.
"Administrative release provides a less formal and fast access option for agencies and for the community," Linacre said. This approach delivers outcomes that maintain public confidence while reducing administrative burden on compliance staff.
Government agency disclosure logs continue demonstrating value as strategic information management tools. In 2024-25, Australian Government disclosure logs recorded 102,080 unique visitors and 237,516 page views. Agencies published 3,363 new entries on disclosure logs during the period, with 2,651 entries (79 per cent) providing direct document downloads from agency websites.
"Actively monitoring disclosure logs is a great way to continue to streamline information access requests," Linacre stated. These pro-disclosure activities help reduce processing time and administrative effort.
AI Creates New Transparency Imperatives
Linacre directed particular attention to artificial intelligence as a factor reshaping transparency requirements. She noted that emerging technology increases the importance of government demonstrating how systems make decisions affecting citizens.
"As AI becomes more ubiquitous, the level of trust and reliance will be aided by the capacity for people to have access to source material, to be able to verify and inform themselves sufficiently to identify problems with the AI interpretation or hallucinations," the Commissioner said. She emphasised that proactive release may assist in verification and confidence-building – critical considerations for organisations implementing automated decision-making systems.
The Commissioner emphasised that proactive publication directly supports compliance with legislative obligations.
"Proactive release of material both delivers against the objects of the FOI Act, recognising that information held by Government is a national resource and should be managed for public purposes, and helps inform access requests under the FOI Act, ideally making those requests more targeted and less onerous to process."
Data-Driven Information Strategy
Australian Government agencies processed 43,456 access requests in 2024-25 – a 25 per cent increase on the preceding year. These agencies made 25,211 FOI decisions during the period, an 18 per cent increase. Such volumes emphasise the importance of strategic information publishing to reduce processing workload.
Linacre urged agencies to review their information asset management practices. "Collectively there is work to do to ensure that the objects of the FOI Act are realised. The FOI Act aims to increase public participation in government processes and increase scrutiny, discussion, comment and review of government activities."
"Access to information is a critical aspect of citizen confidence and trust in Government," the Commissioner concluded. "As AI starts a new conversation about transparency, it is a great time to get the basics right."
