Proposed FOI amendments shift balance too far towards secrecy
07/10/2025
Changes proposed to freedom of information laws will reduce legitimate access to information and this will undermine our social democracy, impair good decision making and reduce trust in government, says the Australian Lawyers Alliance.
“In our view, some of the changes proposed in the Freedom of Information Amendment Bill move the balance too far away from openness towards secrecy,” said Ian Murray, National President, Australian Lawyers Alliance (ALA).
“There are less chilling options available to deal with the problems that the government has raised.”
The Australian Lawyers Alliance has made a submission to the Legal and Constitutional Affairs Legislation Committee regarding the Freedom of Information Amendment Bill 2025.
“Freedom of Information is a fundamental tenet of an open, functional and liberal democracy,” said Mr Murray.
“Unnecessary secrecy in government can lead to arrogance in governance and defective decision-making.
“We oppose any expansion of Cabinet exemptions in the FOI Act. Our view is that the current test strikes the right balance between open disclosure and protection afforded to the executive in its sensitive decision-making deliberations. An expansion to this exemption will inevitably tip the balance too far towards secrecy and lack of accountability.
“We also argue that proposals to ban anonymous FOI requests should be rejected. These are important for facilitating access for journalists, whistle-blowers, and community advocates who may otherwise worry about reprisals.
“In our submission we have suggested some measures that might help to achieve the Bill's aims, without those unintended consequences.”
The ALA is a not-for-profit membership association made up of lawyers, academics and other professionals dedicated to protecting and promoting justice, freedom and the rights of the individual.
Read the ALA submission here.