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Priority review Notice Added Final

OAIC Highlights Improved Transparency in Government Automated Decision-Making

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Published January 21st, 2026
Detected March 13th, 2026
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Summary

The Australian Information Commissioner (OAIC) has released a report highlighting opportunities for government agencies to improve transparency in automated decision-making (ADM). The report follows a review of 23 agencies and identifies a significant gap in public disclosure of ADM use, with only 17% of agencies disclosing it.

What changed

The Office of the Australian Information Commissioner (OAIC) has published a report following a review of 23 Australian government agencies regarding their disclosure of automated decision-making (ADM) processes under the Freedom of Information Act's Information Publication Scheme (IPS). The review found that only 17% of agencies disclosed their use of ADM, with an additional 9% likely using ADM but failing to disclose it. The OAIC intends to update its FOI guidelines to expressly include ADM as 'operational information' and will consult to update the Information Commissioner Guidelines in 2026.

Government agencies that use ADM are encouraged to proactively publish clear information about its use to enhance transparency, accountability, and public trust. While the report acknowledges that ADM is permitted under legislation for all reviewed agencies, the findings indicate a need for greater clarity and guidance to ensure agencies meet their existing obligations. The OAIC's upcoming consultation and guideline updates will provide further direction for agencies on how to comply with these transparency requirements.

What to do next

  1. Review agency's current disclosure practices regarding automated decision-making (ADM) under the Information Publication Scheme (IPS).
  2. Prepare for upcoming consultation by the OAIC to update Information Commissioner Guidelines regarding ADM.
  3. Update agency website content to expressly include ADM as 'operational information' if not already present.

Source document (simplified)

Australian Information Commissioner highlights improved transparency and integrity for government agencies in automated decision-making

Published:

21 January 2026

The Office of the Australian Information Commissioner (OAIC) has identified opportunities for Australian Government agencies to improve transparency in the use of automated decision-making (ADM). ADM refers to the use of technology to automate decision-making processes. It is used across government in areas such as social services, taxation, aged care and veterans’ entitlements.

Australian Information Commissioner, Elizabeth Tydd said “Information about decision-making and the exercise of agencies functions is important information for the Australian community. It improves integrity, accountability and trust. The Information Publication Scheme (IPS) requires this type of information to be available to the public. The intended benefit of this Report is to inject clarity and certainty for agencies and the community regarding the operation of the Australian access to information scheme in the context of digital government.”

The OAIC’s latest Report, Automated decision-making and public reporting under the Freedom of Information Act, follows a desktop review conducted in October 2025 of the websites of 23 government agencies authorised to use ADM. The review assessed how agencies disclose their use of ADM as ‘operational information’ required to be published under the Freedom of Information Act 1982 (FOI Act). The Report acknowledges that technology has altered the operating environment of agencies and greater guidance is required to ensure that agencies are well placed to meet their existing obligations.

Australian Information Commissioner, Elizabeth Tydd said “The OAIC will begin consultation to update the Information Commissioner Guidelines as a priority in 2026.”

The Report highlights good practice but also opportunities for improvement for agencies to meet their obligations under the FOI Act to proactively publish information through the IPS. The Report also highlights the positive impact existing IPS obligations have in ensuring that transparency and accountability of actions and decisions are improved in the Australian Public Service under the Commonwealth Integrity Strategy.

Findings from the Commissioner’s review of the 23 agencies include:

  • The use of ADM is permitted under legislation for all agencies.
  • All agencies publish IPS-related information on their websites.
  • 4 agencies (17%) disclosed the use of ADM in decision-making in their IPS.
  • 2 agencies (9%) were identified as ‘likely to be using ADM’ via external sources but had not disclosed use in their IPS information.
  • Information to confirm whether or not ADM was in use by the remaining 17 agencies (74%) was not able to be identified using external sources or IPS information. Australian Information Commissioner Elizabeth Tydd said “Proactively publishing clear information about automated decision-making is essential to building trust and ensuring accountability. Through this Report we can encourage agencies to deliver greater community awareness and satisfaction about how government decisions are made.

The Trust in Australian Public Service 2025 Annual Report shows us that this is an important area for the Australian community and one that, the OAIC as an independent integrity agency can influence to deliver benefits for both the community and government agencies.”

As a result of this Report, the OAIC will update Part 13 – Information Publication Scheme of the FOI guidelines so that ADM is expressly included as an example of ‘operational information’.

Commissioner Tydd said, “Transparency is fundamental to open government. By clearly explaining when and how ADM is used, agencies can improve integrity, strengthen public confidence and uphold the statutory right to access government information.”

The full Report and recommendations are available at www.oaic.gov.au/freedom-of-information/information-commissioner-decisions-and-reports/foi-reports/Automated-decision-making-and-public-reporting-under-the-Freedom-of-Information-Act.

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Source

Analysis generated by AI. Source diff and links are from the original.

Classification

Agency
Various
Published
January 21st, 2026
Instrument
Notice
Legal weight
Non-binding
Stage
Final
Change scope
Substantive

Who this affects

Applies to
Government agencies
Geographic scope
National (Australia)

Taxonomy

Primary area
Public Administration
Operational domain
Compliance
Topics
Data Privacy Government Technology Transparency

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