Dissenting reports tabled today from ACT Independent Senator David Pocock, the Coalition and the Greens unanimously oppose the Albanese Government’s Freedom of Information Amendment Bill 2025 from the notice paper, signalling that it does not have support to pass the Senate.
Of the 69 submissions made to the senate inquiry into the bill, the only outright support comes from submissions from government departments and agencies.
The overwhelming majority of the submissions and evidence pointed to significant issues with the Government’s proposed changes which would expand Cabinet secrecy, weaken the pro-disclosure objects clause, neuter the public-interest test, bans anonymous FOI requests used by whistleblowers and journalists, and imposes new financial barriers
Senator Pocock said that this was a dangerous bill with no support that would entrench secrecy. His Dissenting Report recommends the government go back to the drawing board and instead undertake a comprehensive, independent review of FOI, as recommended by the Centre for Public Integrity, prior to progressing legislative change.
“We’ve known for some time that this is a bad bill with no friends that will be damaging for transparency and our democracy. The evidence tendered to the Senate inquiry clearly indicates this bill should not pass the Senate,” Senator Pocock said.
“Instead of this badly constructed bill, we need the government to commission a proper, independent look at our FOI system and consult in good faith on what changes are needed.
“The last term of the Albanese Government held the unenviable mantle of second most secretive government since records began and this bill would cement that reputation as a government with a secrecy problem.
“As the Robodebt tragedy so starkly highlighted, broad claims of cabinet-in-confidence can literally cost lives. We simply can’t afford to go further down this path of secrecy.
“Similarly, as I have experienced firsthand over the course of the past few years in the context of uncovering serious governance failures in our universities, anonymous FOI requests are something we need to preserve and protect.
“Freedom of information should be accessible to all Australians, not just those who can afford it.
“I oppose application fees for FOI requests, internal reviews, and Information Commissioner reviews which will disproportionately deter ordinary people, civil society, journalists, and researchers. Resourcing problems should be solved through funding, the use of emerging technology like AI and proactive disclosure, not punitive charges.
“I would like to thank all the experts who contributed so much time and knowledge to the inquiry into this bill, especially the Centre for Public Integrity who, as a charitable organisation, responded to an astounding 75 questions on notice from the Labor Chair of the Committee.”