Document 3 - Page 1 of 1
From:
Moran, Celeste
To:
s 22(1)
Cc:
Rafizadeh, Shervin; Chidgey, Sarah; Orr, Dianne; s 22(1)
; Media AGD; AGO DLO
Subject:
Talking Points [SEC=PROTECTED, CAVEAT=SH:CABINET]
Date:
Saturday, 30 August 2025 1:28:39 AM
Attachments:
Talking Points draft - 30 August 2025.DOCX
AI FOI requests FOI additions.docx
PROTECTED//CABINET
Hi s 22(1)
Please see attached TPs covering off on the questions you sent through a couple of days ago.
We will send the comms plan in the morning and are continuing to develop a broader set of Q
and As for the debate pack.
I have included below two articles that were provided by ONI in relation to AI, and have attached
a document received from Services Australia that we understand you may have already been
provided.
Election Workers Are Drowning in Records Requests. AI Chatbots Could Make It Worse |
WIRED
Governments Adjust Policies Amid Flood of AI Record Requests
Happy to discuss further
Thanks
Celeste
PROTECTED//CABINET
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Document 4 - Page 1 of 10
PROTECTED: CABINET
Attachment C.1 –talking points (as at 30/8/25) [under embargo]
TALKING POINTS
Key points
s 22(1)
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Document 4 - Page 5 of 10
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s 22(1)
Is it true that the FOI scheme could be being exploited by foreign
adversaries?
• We have sought advice from our National Intelligence Community (NIC)
counterparts, and we are unable to provide a detailed response due to the
classified nature of that information.
• What we can say, through consultation with the NIC, is that it is not
uncommon for foreign adversaries to identify legitimate avenues or
processes (such as FOI) through which to obtain seemingly innocuous
government information to paint an intelligence picture and use it in ways
that are contrary to our national interest.
• Knowing who we are dealing with through the FOI system, by not allowing
anonymous requests, may go some way to deterring this type of activity.
What evidence do you have about AI being misused to generate FOI
requests?
• Technology is changing the way FOI requests are made. There are
various examples of webforms and request generators being used to
auto generate FOI requests, leading to high volume campaign style
requests.
• Domestically, Australian Government agencies have also provided
examples of AI being used to not only generate requests, but to also
draft written replies in response to communications from an agency.
One agency’s statistics suggested that of the FOI matters they had
on hand almost 20% of personal matters and 50% of non-personal
matters included AI-generated content.
• In the United States, there are examples of AI tools being used to
generate thousands of FOI requests, including election workers
being inundated with FOI requests during the 2020 presidential
election prompting a change of the law in Washington state to allow
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refusal on the basis that a request is reasonably believed to have
been ‘generated by a bot’.
• The reforms being progressed will address these issues by providing
that an FOI request cannot be made anonymously or under a
pseudonym, and that a person must declare when making a FOI
request on behalf of a third party. This will help agencies ensure that
they are dealing with a real person and that AI cannot be
weaponised to generate thousands of anonymous requests.
s 22(1)
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Document 7 - Page 5 of 28
PROTECTED: CABINET
s 22(1)
Attachments
Attachment A – High level talking points
s 22(1)
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Document 7 - Page 9 of 28
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s 22(1)
Is it true that the FOI scheme could be being exploited by foreign adversaries?
• We have sought advice from our National Intelligence Community (NIC) counterparts,
and we are unable to provide a detailed response due to the classified nature of that
information.
• What we can say, through consultation with the NIC, is that it is not uncommon for
foreign adversaries to identify legitimate avenues or processes (such as FOI) through
which to obtain seemingly innocuous government information to paint an intelligence
picture and use it in ways that are contrary to our national interest.
• Knowing who we are dealing with through the FOI system, by not allowing
anonymous requests, may go some way to deterring this type of activity.
What evidence do you have about AI being misused to generate FOI requests?
• Technology is changing the way FOI requests are made. There are various
examples of webforms and request generators being used to auto generate
FOI requests, leading to high volume campaign style requests.
• Domestically, Australian Government agencies have also provided examples of
AI being used to not only generate requests, but to also draft written replies in
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response to communications from an agency. One agency’s statistics
suggested that of the FOI matters they had on hand almost 20% of personal
matters and 50% of non-personal matters included AI-generated content.
• In the United States, there are examples of AI tools being used to generate
thousands of FOI requests, including election workers being inundated with
FOI requests during the 2020 presidential election prompting a change of the
law in Washington state to allow refusal on the basis that a request is
reasonably believed to have been ‘generated by a bot’.
• The reforms being progressed will address these issues by providing that an
FOI request cannot be made anonymously or under a pseudonym, and that a
person must declare when making a FOI request on behalf of a third party. This
will help agencies ensure that they are dealing with a real person and that AI
cannot be weaponised to generate thousands of anonymous requests.
s 22(1)
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Document 8 - Page 1 of 11
SECOND READING SPEECH
FREEDOM OF INFORMATION AMENDMENT BILL
2025
1.
An effective freedom of information system is critical in
fostering public trust in government decision-making through
transparency and access to information.
2.
It enables citizens to understand more about why and how
government decisions are made and, with that knowledge,
participate more effectively in Australia’s civic and democratic
processes.
3.
The freedom of information framework also importantly
provides for individuals to seek access to their personal information
held by Government.
4.
The
Freedom of Information Act 1982 (Cth) was established
over 40 years ago, before the common use of electronic documents,
digital communications and records in the workplace.
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5.
The rate and volume of electronic records generated today by
public sector agencies would have been unimaginable when the
Freedom of Information Act was first introduced.
6.
For example, the Department of Home Affairs’ record holdings
are approaching 1 billion records in its primary record-keeping
system alone.
7.
$86.2m was spent processing freedom of information
requests in 2023-24, a 23% increase on the year prior.
8.
The administrative impost of processing large and complex
requests, or treating vexatious and frivolous requests with the same
procedural rigour, can divert resources and risks inhibiting agencies
from providing important and essential government services and
delivering on reform priorities that would benefit all Australians.
9.
The diversion of resources also means more genuine freedom
of information requests and requests for access to personal
information cannot be as readily prioritised.
10.
In 2023-2024 alone, public servants spent more than one
million hours processing freedom of information requests.
11.
This is in part due to technology enabling large volumes of
vexatious, abusive and frivolous requests – tying up resources,
costing taxpayers money and delaying genuine requests. There is
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no reason to believe that this problem will not grow worse over time,
particularly given the advancing capabilities of artificial intelligence.
12.
The ability for freedom of information requests to be lodged
anonymously also risks undermining the integrity of the framework,
and in combination with new technology, creates risk vectors that
could be exploited by offshore actors seeking government-held
information for potentially nefarious purposes.
13.
There are also a range of complex procedural and technical
rules in the Freedom of Information Act that are undermining the
efficiency of the system, without any corresponding benefit to
freedom of information applicants, the Australian people or
Australia’s democracy.
14.
This Bill aims to strengthen the freedom of information
framework to address identified shortcomings in its operation, while
ensuring government continues to provide access to information
consistent with the original policy intent of the Act.
15.
The purpose of this Bill is to ensure the system is fit for
purpose in 2025 and beyond – by upholding and promoting the core
democratic principles that underpin freedom of information laws
while, at the same time, addressing the issues that, in practice,
undermine a more effective and balanced FOI framework.
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The Bill
16.
This Bill amends the
Freedom of Information Act 1982 to
reflect the modern environment. It will improve the freedom of
information framework through reducing system inefficiencies,
providing clarity of the law, and addressing abuse of processes that
impact on people’s right to access information.
17.
The Bill implements a number of recommendations of the
2013 Review of the Freedom of Information Act 1982 and
the
Australian Information Commissioner Act 2010 (also known as the
2013 Hawke Review), which concerned, among other things, how
to make the system more effective.
18.
The Bill also makes consequential amendments to the
Australian Information Commissioner Act 2010 and the
Public
Interest Disclosure Act 2013 to support the changes to the Freedom
of Information Act.
Schedule 1 – Scope and objects
19.
Schedule 1 of the Bill makes foundational and definitional
changes to ensure the Freedom of Information Act promotes both
accountable and effective government, and to clarify the scope of
requests for documents of an agency – including through minor
amendments to the objects provision and ensuring that information
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on agency systems that concerns purely personal and non-work-
related matters of staff are not captured in the definition of a
‘document of an agency’.
Schedule 2 – Access requests
20.
Schedule 2 of the Bill makes amendments to streamline
processes relating to access requests and to address abuse of the
freedom of information system by vexatious and anonymous
applicants. Amendments in this schedule include provisions that:
• modernise the requirements for freedom of information requests,
applications for amendment or annotation of records, Information
Commissioner review applications and other requests lodged with
the Office of the Australian Information Commissioner. This will
assist in the more efficient receipt of applications, and early
assessment of matters, whereby relevant information can be more
effectively collected
• ensure that employee identifying information of officers or
employees of an agency or Minister is not required to be disclosed
in notices or in documents released under the Freedom of
Information Act, except in certain circumstances
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• address and clarify an existing ambiguity in the Freedom of
Information Act relating to the operation of valid reasons and the
practical refusal provisions
• provide agencies with the ability to decline to handle vexatious or
frivolous requests, requests that are harassing or intimidating or
requests that are an abuse of process – a decision that will be
reviewable by the Information Commissioner
• provide that a freedom of information request cannot be made
anonymously or under a pseudonym, and that a person must
declare when making a freedom of information request on behalf of
a third party, and that third-party must be identified.
Schedule 3 – Practical refusals
21.
The Act currently enables an agency or minister to refuse a
request if a 'practical refusal reason' exists, such as where a request
does not sufficiently identify the requested documents, or would
cause a substantial and unreasonable diversion of resources.
22.
Schedule 3 of the Bill makes amendments relating to the
practical refusal mechanisms in the Bill. The provisions clarify the
status of Information Commissioner reviews involving practical
refusal decisions and implement a recommendation of the Hawke
Review by introducing a discretionary 40-hour processing cap for
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freedom of information requests. This reflects that there needs to be
an appropriate balance between an applicant’s access rights and
taxpayers’ resources in providing such access.
Schedule 4 – Requests and review processes
23.
Schedule 4 of the Bill makes amendments to streamline
agency and Information Commissioner review and extension of time
processes, and clarify the outcome of a freedom of information
request decision made out of time. The amendments will:
• streamline the review of freedom of information decisions by
preventing concurrent internal agency and Information
Commissioner review
• streamline extension of time arrangements
• provide an ongoing obligation to continue assessing and making
decisions on requests once the statutory timeframe has elapsed
• change the timeframes for processing freedom of information
requests or applications so that, instead of calendar days,
processing times are measured by ‘working days’.
Schedule 5 – Information Commissioner reviews and complaints
24.
Schedule 5 of the Bill makes amendments relating to
Information Commissioner reviews and complaints to create
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administrative efficiencies for the Office of the Australian Information
Commissioner. The amendments:
• create a new power for the Information Commissioner to remit
review applications with directions to decision makers for further
consideration
• provide for the resolution of Information Commissioner review
applications by agreement, without requiring a formal written
Information Commissioner review decision
• streamline the Information Commissioner review process by
providing that only the applicant and respondent, not third
parties, are automatically a party to an Information Commissioner
review
• support more efficient handling of freedom of information
complaints by the Office of the Australian Information
Commissioner.
Schedule 6 – Application fees
25.
The Government has carefully considered options on how to
deter frivolous and vexatious requests, while maximising
accessibility of the system for genuine applicants.
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26.
All other Australian jurisdictions, apart from the Australian
Capital Territory, have initial application fees for freedom of
information requests.
27.
This measure will aid in deterring frivolous requests, and
ensure agency resources are not unduly diverted from processing
genuine requests, particularly requests for personal information
which account for the vast majority of overall requests.
28.
Schedule 6 of the Bill will enable a fee to be specified in the
regulations for freedom of information requests, internal reviews and
Information Commissioner reviews.
29.
The Government recognises the primacy of Australians
having access to their personal information held by government. For
this reason, an application fee would not apply to requests by an
applicant for access to their own personal information, or an
individual acting on behalf, and with the authority of, another
individual for access to their personal information. FOI requests for
personal information comprised 72 per cent of overall FOI requests
in 2023-24. On these figures, up to 3 in 4 freedom of information
requests would be exempt from any application fee.
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Schedule 7 – Exemptions
30.
On introducing the Freedom of Information Act in 1981 under
the Fraser Government, Senator Durack told the parliament that ‘the
general right of access’ to information ‘must, of course, be limited’
for the ‘protection of essential public interests’.
31.
Schedule 7 of the Bill clarifies the operation of important
exemptions in the Act consistent with the original policy intent to
promote efficient handling of requests, including by:
• amending the Cabinet exemption to ensure it operates to
appropriately protect information central to the Cabinet
process and ensure that the principle of collective ministerial
responsibility is not undermined, and
• amending the public interest test as it relates to the
deliberative processes exemption – to provide greater clarity
around public interest considerations.
32.
To address a concern raised in the 2023 Royal Commission
into the Robodebt Scheme report, the amendments would also
make it absolutely clear that, merely labelling something a Cabinet
document is not enough to make it a Cabinet document.
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Schedule 8 – Official Documents of a Minister
33.
There has been a longstanding convention that new ministers
should not make decisions on access to information relating to
former ministers.
34.
Schedule 8 of the Bill responds to a recent Federal Court
decision by creating a practical, workable process for outgoing
Ministers to facilitate access to information – while ensuring that,
consistent with convention, new, incoming governments should not
have access to policy and similar advice of the previous, outgoing
government.
35.
The amendments make provision for the treatment of freedom
of information requests and review proceedings in circumstances
where a Minister ceases to hold office or moves to a new portfolio.
Conclusion
36.
This Bill provides important updates to the Commonwealth’s
Freedom of Information framework, with a focus on modernisation,
reducing system inefficiencies and addressing abuse of processes
that impact on people’s right to access information.
37.
It recognises the importance of a well-functioning system of
information access, balanced with an efficient and effective
government.
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