Access to information is a cornerstone of democracy. It’s how communities, journalists and advocates hold governments to account for the decisions that shape our lives – and also our environment.

The federal government has introduced the Freedom of Information Amendment Bill 2025. This is the most significant attempt to change Australia’s FOI framework in more than a decade.

What's changing? 

The Bill amends the Freedom of Information Act 1982 (Cth) and the Australian Information Commissioner Act 2010 (Cth). While there are limited positive signals, such as reinforcing the principle of proactive release, the overall effect would make it harder for the public to access government information. 

Here are some of the key changes raising concern: 

• Wider grounds to refuse access – Agencies could refuse to release documents if disclosure might prejudice “frank or timely” discussion or the “orderly and effective” conduct of decision-making. These vague and subjective tests could be used to block a wide range of documents and would be difficult to challenge. 
• More secrecy around Cabinet – The Bill would expand the Cabinet exemption from a “dominant purpose” to a “substantial purpose” test, directly contradicting the Robodebt Royal Commission’s call for greater Cabinet transparency. 
• Easier to reject requests – Agencies could refuse to deal with a request without giving full reasons, and without a quick review mechanism to prevent misuse. 
• Ban on anonymous requests – Removing the option for pseudonymous or anonymous requests may deter people who fear reprisals, such as whistleblowers or community members challenging powerful interests. 
• Potential new fees – Allowing application and review fees would create financial barriers for individuals and community groups seeking information in the public interest. 
• A discretionary 40-hour processing cap – Agencies could rely on this cap to reject complex or detailed requests, including those involving environmental assessments, scientific reports or ministerial correspondence. 
• Longer decision timeframes – Already lengthy waiting times for FOI decisions could grow even longer. 
• Undefined “vexatious” thresholds – New powers to refuse requests deemed frivolous, harassing or intimidating lack clear definitions, creating room for inconsistent or unfair applications. 

Why this matters for environmental protection 

Environmental justice depends on sunlight. FOI laws are how communities uncover pollution data, understand project approvals, and scrutinise the advice behind major decisions. The reforms risk narrowing those opportunities and reducing access to information that underpins environmental protection and public trust. 

International principles reinforce this. The Aarhus Convention recognises access to environmental information as a human right. UN guidance likewise calls for affordable, effective and timely access to information about environmental matters. Weakening Australia’s FOI system would take us further from these global standards. 

As EJA and EDO warn, limiting public access to information is detrimental to good governance, informed decision-making and democracy itself. 

What we recommend 

• Withdraw the Bill – The Senate Committee should recommend that the Bill not be passed. 
• Commission an independent review – Reform should be evidence-based and designed to achieve the FOI Act’s purpose of transparency, participation and access at the lowest reasonable cost. 
• Resource openness, not restriction – To reduce administrative burden, the solution is better resourcing and stronger proactive publication, not new barriers to access. 

Why access to information matters

FOI is not bureaucracy, it’s democracy in action. It ensures government decisions can be examined, challenged and improved. When the public can “look beneath the canopy,” it drives better decisions, reduces corruption risks, and builds confidence in environmental governance. 

The Robodebt Royal Commission made it clear: Australia needs more transparency around Cabinet decision-making, not less.

What's next

The Bill will be examined by the Senate Legal and Constitutional Affairs Legislation Committee in the coming months. EJA will continue monitoring the process and advocating for reforms that strengthen, not weaken, the public’s right to know. 

Ensuring strong, fair and transparent FOI laws is essential to a healthy democracy, and to protecting the environment we all depend on.