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The Guardian - AU
The Guardian - AU
National
Christopher Knaus

Surge in refusals for freedom of information undermines trust in Australian government, watchdog warns

People walk up towards Parliament House surrounded by a thick layer of morning fog in Canberra
The Office of the Australian Information Commissioner says it is monitoring the rising refusal rate of freedom of information requests. Photograph: Lukas Coch/AAP

The Australian government is refusing freedom of information requests at a rate not seen for a decade, data shows, prompting concerns for transparency and accountability.

Data held by the Office of the Australian Information Commissioner, the watchdog overseeing the FoI system, revealed the proportion of FoI requests being completely refused has shot up to 27% in the December 2024 quarter.

That is the highest level since at least 2014-15, historical records show.

The OAIC said it is aware of the rising refusal rate and is monitoring the situation.

“There are some clear opportunities for improvement for the commonwealth FoI system that we are alive to as the regulator and monitoring,” a spokesperson said. “This includes refusal rates.”

The skyrocketing refusal rate has prompted concern among transparency advocates.

Transparency International Australia chief executive officer, Clancy Moore, said the FoI system was an essential to ensuring accountability and integrity, but refusal rates suggested “important information about the functioning of government is being kept from everyday Australians”.

“Given the Albanese’s government commitment to transparency, open government and integrity, there is a clear argument to introducing stronger consequences for unlawful refusals, increase funding to the FoI teams and the OAIC, and continue work to foster a culture of openness and transparency in the public sector,” he said.

The commonwealth has improved its performance in other areas of the FoI system. In the last three years, it has improved the speed of its decision making, partly reversing some significant declines between 2019 and 2022. It is now processing 75% of FoIs within the required time limit, up from 70% in 2021-22.

The federal government is also releasing more FoIs in full than its state and territory counterparts. It is continuing to reduce the costs charged to applicants for processing FoIs.

The OAIC said FoI should be a core business for government departments.

“We would like to see government agencies embrace it as something they need to do well to get the community’s trust and confidence,” a spokesperson said.

The OAIC is now intervening to review refusal decisions at a record rate, conducting merit reviews in 207 cases in 2023-24.

It said it planned to increase its effectiveness as a regulator of FoI, promote open government, and improve the ability of government agency’s to respond to FoI requests.

“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 of government,” the spokesperson said.

“The FoI Act recognises that the information government holds is a national resource and is managed for public purposes, and that public access to it should be prompt and at the lowest reasonable cost.”

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