LAW REFORM
FOI Bill scrapped – what it means for environmental justice
You’ve probably heard it on the news (or seen it all over your social feeds) but this month the federal government abandoned its proposed changes to Australia’s Freedom of Information (FOI) laws, scrapping the Freedom of Information Amendment Bill on 5 March 2026.
The Bill had faced strong opposition in the Senate, with crossbenchers, the Coalition and the Greens signalling they would vote against it.
It also drew widespread concern from across the community, including journalists, environmental organisations, whistleblower advocates, and hundreds of people who contacted their MP’s.
Its withdrawal is a positive outcome for transparency, democracy and public accountability...but what does it actually mean for environmental justice?
What was in the Bill?
The scrapped Bill would have made it harder and more expensive for people to access government information.
Some of the key changes would have:
- expanded the grounds for refusing access to documents
- broadened secrecy around Cabinet materials
- made it easier for agencies to reject requests
- removed the option for anonymous applications
- introduced new fees for accessing information
Together, these changes risked placing significant barriers between communities and the information they need to understand government decisions.
By abandoning the Bill, those risks have been avoided, for now.
Why FOI matters for environmental justice
Access to information is essential for communities seeking to understand and challenge decisions that affect their environment.
FOI laws allow people to uncover pollution data, scrutinise project approvals, and examine the advice behind major decisions. It’s often the only way communities can see what’s really happening behind closed doors.
International standards reinforce the importance of access to information. The Aarhus Convention recognises access to environmental information as a human right. UN guidance also calls for information to be accessible, timely and affordable.
“Access to information is one of the few tools communities have to uncover environmental harm and push for change. Protecting FOI rights means protecting the public’s ability to stand up for their environment.”
– Ally McAlpine, Acting Justice Lead, Environmental Justice Australia
This isn’t the end of FOI reform
While it’s good news that these changes have been abandoned, we shouldn’t pretend the system we’re left with is working well.
In practice, many people, including EJA’s clients, face long delays, high costs and significant barriers when trying to access information. Some requests take years to resolve, limiting their usefulness in fast-moving environmental decisions.
The Robodebt Royal Commission highlighted the importance of transparency in government decision-making, recommending stronger safeguards – not weaker ones.
Any future reform must be evidence-based and focused on improving access, including:
- properly resourcing the FOI system
- strengthening proactive release of information
- Increasing accessibility for all members of the public to make applications
- ensuring timely, affordable access for the public
Reform should make it easier for communities to access information in the public interest, not harder.
What's next?
The government has indicated it may revisit FOI reform in a different form.
Environmental Justice Australia will continue to monitor developments and advocate for laws that strengthen transparency, accountability and public participation.
We’ll also keep working alongside communities to ensure access to information remains a powerful tool for protecting the environment.
