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The International Access To Information Day is a worldwide movement that highlights the public’s right to access government-held information. For 2025, the theme remains building trust through accountability, reminding us that transparency is vital not only for a functioning democracy but also for maintaining community confidence.
On a large scale, being able to access and verify government information continues to save lives and guide effective policy—even in today’s challenging global environment. Recent events have shown that when the public and businesses have timely access to accurate government data, they can respond more rapidly to emerging issues and safeguard community health.
On a smaller scale, as a small business owner, you might sometimes feel powerless against sweeping government decisions or find government agencies intimidating. However, remember that you have the right to question government decisions and to request access to government documents. Knowledge is power, and using your right to information can help you make more informed decisions for your business. For further guidance on setting up your business with confidence, check out our Register a Business Australia guide.
In this article, we’ll explore two crucial—but separate—processes:
- How to gain access to information about government decisions (for example, discovering the reasons behind a decision)
- How to challenge a government decision if you believe it adversely affects your business
What Are Our Information Access Rights In Australia?
Our right to access Commonwealth government information in Australia is set out in the Freedom of Information Act 1982 (updated for 2025). This legislation empowers you to obtain documents and understand the decision-making process behind government actions.
The FOI Act covers aspects such as:
- Your right to access documents held by Australian government ministers and agencies, such as:
- ATO – which now regularly updates guidance on tax incentives and debt recovery measures
- ASIC – ensuring transparent business name registration and compliance
- NDIS Quality and Safeguards Commission
- Australian National Audit Office
- IP Australia – for instance, if your trade mark application is rejected
- Centrelink
- Your right to request that any information held about you is amended if it is inaccurate or outdated
- The government’s responsibility to proactively release information in the public interest
If you require access to state-based information, note that each state enacts its own version of the FOI Act—such as the Government Information Public Access Act in NSW or the Freedom of Information Act in Western Australia. These laws ensure you can obtain details on local decisions that might impact your business operations.
If the information you need is not available publicly—perhaps because it contains personal or sensitive details—you can make a formal application under the FOI Act. For more insights on handling privacy concerns, see our Privacy Policy guide.
State-based information can be crucial for obtaining details on matters such as:
- State liquor and gaming regulations
- Other state regulators your business interacts with
- Local council decisions
- Zoning regulations
- Anti-discrimination practices
- Fair trading issues (such as those overseen by NSW Fair Trading)
- Legal Aid policies
- Local Government Grants Commission matters
- Court and tribunal decisions
- Ombudsman reports
What Does ‘Proactive Release Of Information’ Mean?
You may notice that many government departments routinely publish vital information—such as statistics, policies, and datasets—online. This is because government information is meant to be released proactively, ensuring that data in the public interest is readily available and that barriers to access are minimised.
This proactive approach means that instead of waiting for formal requests, government bodies continuously update their websites with current data, which helps you and other stakeholders make well-informed decisions quickly and at no extra cost.
How Access To Information Affects Your Small Business
Understanding government decisions is critical for small businesses. For example, decisions made by the ATO regarding new small business tax incentives or adjustments to debt recovery protocols can directly influence your operational planning. Similarly, if IP Australia rejects your trade mark application, this could impact your branding strategy.
Other decisions that might affect your business include regulatory changes initiated by ASIC—such as updates on business name registration guidelines—or adjustments in policy by agencies like Centrelink which govern business support measures. It’s essential to monitor these developments and request further clarification where needed.
For more tailored advice on navigating government regulations, you might find our article on Legal Requirements for Starting a Business particularly useful.
How To Request Information
Under the FOI Act, you have the right to formally request that details surrounding a government decision be disclosed to you. Once you’ve received the information, you can ask for an internal review from the specific agency that made the decision. This internal review is generally the recommended first step if you’re not satisfied with the initial response. If the outcome remains unsatisfactory, you can escalate your request to the Office of the Australian Information Commissioner.
Utilising the FOI process not only provides insight into why a decision was made but can also illuminate areas where policies might be improved. If you need advice on navigating this process, our online lawyer service is on hand to guide you.
How Do I Object To Decisions Made By Government Departments?
If you’re not satisfied with a government decision, the first step is to request further information (as outlined above). Once you have all the pertinent details, you might choose to formally challenge or object to the decision. Typically, this objection is made directly to the government agency responsible for the decision, and it’s important to note that specific time frames apply for lodging your objection.
Each department may offer different procedures for lodging objections, so be sure to follow the guidelines provided. Staying organised and documenting all interactions can help ensure a smooth process.
Maximising The Benefits Of Proactive Information Access
Using access to government information proactively can give you an edge in strategising for the future. Many forward-thinking businesses now integrate FOI data into their planning processes to identify emerging trends, assess the impacts of regulatory changes, and mitigate risks. By combining this information with market research, you can make more informed decisions that boost your competitive advantage. For additional advice on harnessing legal insights for business growth, explore our Business Startup Checklist and learn more about Legal Essentials for Starting a Business.
The Takeaway
You have the right to request government information and to object to decisions that affect your business! Using the FOI process effectively can provide critical insights into government operations and help you safeguard your business interests.
As a small business owner, staying informed about government decisions is crucial for long-term success. By being proactive, questioning decisions when necessary, and utilising all available resources, you can ensure that you’re making well-informed decisions that benefit your business. Remember, you don’t need to navigate these complexities alone – our team is here to help.
Feel free to contact us at team@sprintlaw.com.au or on 1800 730 617 for a free chat about your business’ legals.
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