Improving access to government-held information in Australia is a multifaceted task, with shifting needs across both the environment at large and Australian government agencies that have a duty to manage information for public purposes.
A key priority for me as the freedom of information commissioner is understanding the ways the environment is changing and the needs of freedom of information (FOI) practitioners, so we can better target our activities and the resources we provide as the regulator.
In mid-2024, ORIMA Research, on behalf of the Office of the Australian Information Commissioner (OAIC), surveyed FOI practitioners in Australian government agencies — 147 of them. Many of the practitioners work in large agencies that deal with high volumes of FOI requests.
This is the first time the OAIC has conducted a survey of this kind. It builds upon our 2023 review of Australian government agencies’ compliance with their Information Publication Scheme obligations.
Today we published a report on the survey results. Here are three key things we learned.
1. Improving systems will make complying with FOI obligations easier
The majority of agencies require improvement in their systems and policies for records management and reporting on FOI requests.
Only 29% of agencies surveyed have an integrated records management system, and only 22% have comprehensive document management policies covering all forms of records, including messaging services like WhatsApp.
While 26% use a case management system to manage and report on FOI requests, the majority (63%) use a basic spreadsheet or other static record.
Improving these systems would make complying with FOI obligations easier. For example, an integrated records management system makes searching and retrieving documents more efficient, while using a case management system assists in tracking cases, meeting obligations under the Freedom of Information Act 1982 and identifying trends to support proactive publication.
2. There are opportunities to expand training
Most agencies use informal, on-the-job methods (79%) to train staff on their obligations under the FOI Act, followed by internal resources (69%). Training provided by the Australian Government Solicitor (42%) and internal legal services (39%) were also common. External service providers (17%) and internal online training (28%) were less likely to be used.
There is an opportunity to expand and formalise training offerings and programs to ensure agency staff are well-equipped to meet FOI Act obligations. This includes a role for the OAIC, such as building on resources like the FOI Essentials and providing fact sheets to explain specific issues, which would help agencies make sure training is thorough.
3. There is work to do to elevate FOI as a whole-of-agency responsibility
Practitioners were asked a series of questions about which area in their agency is responsible for managing various obligations under the FOI Act.
Legal sections, followed by corporate teams, were most likely to be responsible for meeting FOI obligations. Business areas commonly played a role in making decisions on FOI requests but were less likely to be involved in other aspects.
Agency-wide understanding and coordination of the FOI request process and proactive release obligations are critical to agencies meeting their legal obligations under the FOI Act. This requires leadership and understanding that FOI is a core function and a responsibility of all public service (APS) staff. It should be taken seriously, demonstrated by better resourcing and all APS staff being stewards of government-held information and playing a role in meeting FOI obligations, including through record keeping.
Using the findings
The findings are already informing the OAIC’s approach to supporting agencies and embedding a positive culture where agencies strive for not only compliance but also best practices. It is clear that the OAIC has an opportunity to advance our training offerings and build on existing guidance to support agencies in upskilling all staff on FOI best practices.
The survey provides agencies with insights into how others are approaching FOI that will be useful to leadership and FOI practitioners.
Access to government-held information is integral to our democratic system in Australia, and the survey will help us, together with agencies, work towards a best-practice FOI system that delivers for the Australian community.
This piece first appeared at The Mandarin.
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