Freedom of Information Amendment Bill 2025
1 October 2025
The ALA has made a submission to the Legal and Constitutional Affairs Legislation Committee (Committee) as part of their inquiry into the proposed Freedom of Information Amendment Bill 2025.
The Bill proposes amendments to the Freedom of Information Act 1982 and the Australian Information Commissioner Act 2010. More information can be found here.
In line with our long-standing position for transparency, the ALA has cautioned against expanding Cabinet secrecy from a “dominant purpose” to a broader “substantial purpose” test and against new identity requirements that would chill anonymous or pseudonymous requests used by journalists, whistleblowers and community advocates. The ALA has also expressed its opposition to the proposed 40-hour processing cap, noting it would disproportionately block complex, high-value disclosures and is inconsistent with the FOI Act’s original key objects, as well as the recommendations of previous independent reviews.
The Committee published its full report in December 2025.
The Committee majority recommended that the Bill be passed, finding that the reforms appropriately modernise and rebalance the FOI framework in light of rising volumes, costs and abuse of process. While the report acknowledged significant stakeholder concerns about new identity requirements for applicants, a 40-hour processing cap, application fees and tighter exemptions, it ultimately concluded that these measures were justified.
The ALA submission – which recommended that the Bill not be passed – is cited a number of times in the majority report and in the dissenting reports. The Bill, in amended form, was introduced in the Senate on 24 November 2025, with further debate adjourned for the year.
The Freedom of Information Amendment Bill 2025 has been discharged from the Senate Notice Paper, and will therefore not proceed in its current form. The Bill had proposed a range of amendments to the Commonwealth FOI framework and had previously been referred to the Senate Legal and Constitutional Affairs Legislation Committee for inquiry.
ALA submission
Full report