The Albanese government is seeking to expand its authority to withhold government documents, potentially undermining decades of transparency standards. A new Labor bill aims to modify Freedom of Information (FOI) laws, allowing public servants to deny requests from journalists, advocacy groups, and the public if the information requires more than 40 hours to compile. This time limit, equivalent to one day of work for a small team, could significantly restrict access to information, as even basic email searches and redactions could exceed this threshold.

Attorney-General Michelle Rowland described the current FOI laws as "broken," claiming they waste public service time on what she termed "frivolous" requests. She cited an example of an FOI request for the desktop backgrounds of departmental staff. However, critics argue that the proposed legislation goes beyond addressing trivial requests and would limit access to a wide range of documents previously considered in the public interest.

The new proposal includes introducing a fee for FOI requests and tightening rules regarding the release of documents related to government deliberations. The existing exemption for cabinet-related documents would be broadened to include any material presented to the cabinet or that could inform future cabinet discussions. Additionally, documents where officials record their thoughts on policy could be classified as "deliberative material" and exempt from disclosure.

The Coalition and the Greens have criticized the bill, with Shadow Attorney-General Julian Leeser labeling it a "truth tax" due to the proposed fees for non-personal requests. The exact fee amount has not been specified but is expected to align with state and territory government charges, which range from $30 to $58.

Prime Minister Anthony Albanese defended the bill, asserting that it addresses security concerns. He noted that anonymous FOI requests could allow foreign agents to seek sensitive information. The proposed legislation would eliminate anonymous requests and grant new powers to block "vexatious" or abusive requests, which Rowland claims contributed to bureaucrats spending one million hours responding to requests in the 2023-24 period.

Rowland stated, "[The bill] is designed to make sure that we can prioritize genuine FOI requests and ensure that we spend taxpayers' money most expeditiously." The government argues that the changes are necessary to balance the public's right to know with the need for officials to maintain confidentiality to perform their jobs effectively.

Labor's rationale for the proposed restrictions emphasizes the need to balance competing public interests. The government believes that disclosing certain details could hinder the free exchange of opinions necessary for developing robust policy advice.

Rowland plans to send the bill to a committee for further discussion, hoping to engage stakeholders and gain support from the opposition and crossbench. She expressed a desire for a thorough debate, urging all parties to keep an open mind about the bill's implications for both individuals and public servants.

The government has highlighted that most FOI requests come from individuals seeking access to their own information, and these individuals would not be subject to the proposed fees. However, the transparency advocacy group Centre for Public Integrity criticized the bill as a "retrograde step," stating that it contradicts the Prime Minister's previous commitment to transparency and scrutiny in government.