Consultation on Part 14 of the FOI Guidelines: Disclosure Log

The Office of the Australian Information Commissioner consulted on proposed updates to Part 14 of the Freedom of Information Guidelines, which deals with the disclosure log that agencies and ministers must maintain under section 11C of the Freedom of Information Act 1982. The consultation, on version 1.8 of the guidelines, sought comment on the content, practical implications, readability and accessibility of the proposed changes. It opened on 11 August 2026 and closed on 4 September 2026, and the page was last updated on 7 September 2026 to reflect that status.

The proposed revisions clarify that, in deciding what to place on a disclosure log, agencies and ministers are not deciding whether to publish documents at all, since publication is already required by section 11C, but are instead deciding whether an exception to that publication requirement applies such that publication would be unreasonable. Other proposed changes include encouraging agencies to explain on the disclosure log why a document cannot be published where it is only available on request, emphasising that agencies should keep records of decisions not to publish, and clarifying that a new disclosure log entry should be created where a review decision grants greater access to documents.

The guidelines are issued under section 93A of the FOI Act, and Commonwealth agencies and ministers are required to have regard to them when performing functions or exercising powers under that Act. The consultation is primarily directed at Commonwealth agencies and ministers responsible for FOI compliance, with indirect relevance to businesses that provide information to those agencies and may be affected by what is or is not published on an agency's disclosure log.