Inquiry into the operation of Commonwealth Freedom of Information (FOI) laws

RACS welcomes the review into the practical operation of Commonwealth Freedom of Information (FOI) laws. Our submission focuses on the ways in which RACS utilises the FOI system, and the issues encountered when making FOI requests from the Department of Home Affairs.

This submission provides an insight into the practical challenges we experience when seeking to access information through FOI and the serious impacts this has for our clients as individuals. FOI requests form a routine and critical part of our casework across each of the services offered at RACS, particularly those made to the Department of Home Affairs. Clients often come to us with little to no understanding of their legal situation, their current visa status and immigration history. In a review of our casework in 2020 and 2021, around 70% of clients who requested legal assistance did not have substantive documents related to their matter; 47% of clients who may have had some documentation, if not their complete file, only had access to these documents because they were previously assisted and documents were held by RACS.

Without a comprehensive understanding of a client’s legal situation and immigration history, we are limited in our ability to provide full, accurate and effective assistance. RACS relies on access to personal information through the FOI scheme to be able to bridge this information gap. This information empowers RACS and our clients to scrutinise government decisions that fundamentally impact their rights, safety and liberty with a view to promote better informed decision-making.