Henry Pike (Bowman, Liberal National Party) Share this | Hansard source

I am not surprised at all that there is a level of confusion around this Freedom of Information Amendment Bill 2025 and where we are up to in the debate because it has been a bit like a yo-yo going back and forth between this place and the chamber downstairs. I think that is a bit emblematic of the government 's approach to this legislation. Unfortunately, we are seeing a bill here that is, I think, relatively friendless. There is great support, I am sure, from the government and the government backbenchers but very little support from my side of the chamber, the crossbench or even anyone out there in civil society who has made comment on this bill so far.

What we are seeing in this bill is something that weakens the transparency measures around government processes, it entrenches secrecy and it reduces accountability, and that is something we certainly cannot support. Unfortunately, we are seeing the government rush this bill, and the antics of seeing it go back and forth between our debating chambers is indicative of that. The government have rushed this bill through. They are ignoring the 2023 Senate FOI inquiry and without advancing credible national security measures. We have also seen this bill introduced without consultation. Unfortunately, it undermines transparency and democratic accountability. It moves FOI from a presumption of openness to a presumption of control. Australians will see only the announcements and never the debates that lead to them. Unfortunately, it also creates a truth tax, and we see a lot of opposition to that from not just civil society groups but also from those whose job it is to also hold the government to account—that is, our media. By imposing application fees and processing caps, Australians will have to pay for access to information that already belongs to them.

We are also seeing a lot of criticism of this bill, that it will silence whistleblowers and it will prevent vulnerable applicants from being able to access information. It bans anonymous requests, which strips away protections for those who fear retaliation. That is an area I will focus on a bit later in my remarks as well. It is critical we do allow those anonymous requests because people do at times require the protection of an anonymity to be able to make these requests and get to the bottom of things, and I will touch on that a bit later.

The bill also expands secrecy around cabinet advice. New clauses will allow agencies to block access to any document that describes or refers to cabinet material and to classify factual briefs as deliberative to keep them hidden. Anyone who has had anything to do with making freedom of information requests before will understand that inherent grey area between what is cabinet material and what is not.

I have certainly had quite a bit of experience in lodging freedom of information requests. I have worked for a number of industry associations over the years where I have had to make FOI requests, and, being a member of parliament, I have made a number of freedom of information requests not only to the federal government but also to the Queensland state government as well. It has been interesting to draw a parallel between the different systems. It has always been a benefit of the federal government systems that they have always been cheaper, more transparent and clearer than what the state government offers. I recall one particularly bad incident when I was requesting a rather simple bit of information from the Queensland government in relation to a helipad which had been closed and was being utilised to withdraw patients from Stradbroke Island in my electorate. It had been closed under unusual circumstances. We have gotten to the bottom of it now but it took me about two years to find out a clear answer from the state government. I fear the changes these laws will implement will provide that same labyrinth, that same level of complexity, to federal FOI requests as well. I

This bill also rewards delays and dysfunction. We already see agencies that breach FOI timeframes all the time. In fact, I had one last year where an agency requested more time to be able to meet their FOI request and were unable to make it.

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