Robodebt, transparency and freedom of information: should the Cabinet confidentiality exemption be retained?

The Robodebt Royal Commission uncovered significant deficiencies in the operation of Australia’s Freedom of Information legislation, observing that journalists and the public faced difficulties accessing information regarding the Robodebt scheme due to departmental intransigence. This article critically analyses the Royal Commission’s recommendation that the Cabinet confidentiality exemption in the Freedom of Information Act 1982 (Cth) (FOI Act) be repealed. Drawing on a comparative analysis from overseas jurisdictions and academic commentary, the authors argue that the Cabinet confidentiality exemption in the FOI Act should be narrowed in terms of the scope of documents covered. It also recommends the addition of a public interest override and a reduced timeframe for release. Further, the authors advocate for a holistic reform of the FOI system to meet the new challenges of automated government decision-making.