The most significant recommendation in the Senate inquiry report on the functionality of the Commonwealth FOI system is this: move the federal Freedom of Information (FOI) function from the Office of the Australian Information Commissioner’s Office (OAIC) to the Commonwealth Ombudsman’s Office.
The inquiry was triggered by the resignation of the then FOI commissioner, Leo Hardiman, in March 2023, less than a year into a five-year term.
Hardiman cited severe governance and culture issues in the OAIC as the reasons for his resignation. In his detailed submission to the inquiry, he made it clear the FOI section was starved of funds and not able to do its job. Hardiman was also critical of the current Information Commissioner, Angelene Falk, pointing out, among other issues, that Falk prioritised the privacy functions over FOI.
