FOI System Costs Soar $A61 Million

Australia's Freedom of Information (FOI) system processes fewer requests under the Albanese Government than at any point under preceding Liberal-National governments, according to a new report. Yet costs have more than tripled and full access grants have plummeted from 81 to 21 percent.

The Australia Institute report reveals the average FOI request now takes 51 hours to determine, compared with 13 hours in 2006-07. This represents a fourfold increase in processing time despite reduced workload.

Only 21,000 requests were determined in 2023-24, down from a peak of 34,000 in 2016-17. However, total system costs reached $A86 million, up from $A40 million in 2006-07 (adjusted for inflation).

"If the Albanese Government achieved the Howard Government's cost-per-FOI-request ratio, taxpayers would save $A61 million per year," the report states.

The research found approximately 544 full-time staff now work on FOI administration, up from 216 in 2006-07. Staff hours exceeded one million for the first time in 2023-24.

The proposed Freedom of Information Amendment Bill 2025 would introduce fees for non-personal FOI requests and expand cabinet document exclusions. Requests "likely to involve" more than 40 hours of work could be refused.

These changes directly contradict the Robodebt Royal Commission's recommendation to repeal Section 34 regarding cabinet documents. The commission found FOI restrictions "thwarted" efforts to investigate the robodebt scheme.

"The Commission's ability to reveal the entirety of the documentation concerning how the original proposal which became Robodebt was passed" was limited by existing FOI restrictions, the royal commission report noted.

Instead of repealing Section 34 as recommended, the Bill would make it stricter. Documents with any cabinet-related purpose could be excluded, not just those primarily created for cabinet advice.

Cost recovery deemed negligible

The report challenges government justifications for proposed fees. With most FOI requests seeking personal information (exempt from fees), only 9,587 requests would attract charges.

At an estimated $A50 per request, total annual revenue would reach just $A479,350. This represents 0.6 percent of the $A86 million annual system cost.

The analysis found no evidence the eSafety Commission faced undue burden from 600 FOI requests, despite government claims. The commission does not appear on the Office of the Australian Information Commissioner's list of agencies with high processing costs.

The report attributes rising costs to increased time spent denying access rather than facilitating it. Full access grants fell from 27,500 in 2006-07 to 4,500 in 2023-24.

When partial access grants are included, the rate dropped from 96 percent to 76 percent. However, the report notes partial access often involves heavy redaction rendering documents unusable.

The proposed 40-hour cap would reward inefficient agencies by allowing them to withhold information that efficient agencies must provide, the analysis warns. Existing legislation already permits refusal of requests that would "substantially and unreasonably divert resources."

Report authors Bill Browne and Skye Predavec conclude government secrecy, not applicants, causes FOI system dysfunction. The research documents declining transparency despite reduced workload and increased resourcing.

Full report