Freedom of Information (FOI) requests allow Australians to access government documents and bring hidden information to light. The Albanese Government plans to make FOIs more limited, and more costly, undermining transparency and good governance.
To make matters worse, the evidence provided to justify these changes is flimsy at best, and non-existent at worst.
Have “foreign actors, foreign powers, [and] criminal gangs” been using the FOI system to their own advantage?
When the reforms were announced, cabinet minister Mark Butler said the Government was “being inundated by anonymous requests”, “many of them we’re sure are AI bot generated requests” that “may be linked to foreign actors, foreign powers, criminal gangs”.
So what evidence is there for this? In a word: none.
As a Deputy Secretary of the Attorney General’s Department said in Senate estimates, Mr Butler “referred to requests that may be linked to foreign actors, powers and criminal gangs because we don’t know where they have come from.”
In other words, these requests could be linked to malicious agents of foreign governments and illicit cartels in the same way that a song request on the radio could be made by a criminal mastermind – there’s always a chance it’s true when something’s anonymous.
Even if foreign actors did try to game the FOI system, requests can already be refused on the basis they might damage the security, defence or international relations of Australia. So even if this problem is real, it’s already been solved.
Verdict: Unproven
Was the eSafety Commission tied up by FOIs for over two months?
After announcing the government’s FOI bill Attorney-General Michelle Rowland told ABC radio “we’ve had cases where FOI requests have been generated, sometimes around 600 of them in one instance, going to a small agency, which tied up the services of that agency for over two months.”
One part of this is true: the eSafety Commission received 550 requests over a relatively short time in mid-2024, and another 367 in early 2025.
While the sudden influx of FOI requests may have come as a surprise to the Commission, there is no reason to believe they were particularly burdensome to process. The eSafety Commission didn’t feature on the OAIC’s list of 18 agencies with particularly high processing costs (over $10,000 per request decided), and 550 requests would represent just 2% of all FOIs received by the Government in a given year.
The eSafety Commission has a yearly budget of $43 million. The Commission should be more than capable of dealing with 550 FOI requests, and it did.
The vast majority of requests to eSafety in 2023-24 were withdrawn, and 85% of requests in 2024-25 were refused. Of all the FOI decisions eSafety made in 2024-25, 99% were made on time – signalling that eSafety dealt with them relatively easily.
Verdict: overblown