In November 2010 and May 2011 reforms to the Freedom of Information Act 1982 (Cth) commenced.

The changes include the creation of the Office of the Australian Information Commissioner, the pro-active release of government information; and a presumption that all information should be released unless there is a strong public interest reason to withhold the information.

While welcoming the reforms, PIAC expressed concern about some of the changes. The reforms removed some exemptions, but left many untouched, and in particular, allow a large number of agencies to remain entirely outside the FOI regime.

As well, the reforms have increased the extent to which ‘intelligence agency’ documents and certain Department of Defence documents are excluded from the FOI Act.

PIAC gave evidence to the Senate Standing Committee on Finance and Public Administration on both stages of the reforms.