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Yes, Minister! Can a Minister interfere with FOI disclosures?

by | Oct 17, 2026 | What's the scam?

The Department of Industry, Science and Resources seems unclear about the purpose of the Freedom of Information Act and its (four) Ministers’ right to veto the release of a document. 

Each Department of the Federal Government has a Freedom of Information (FOI) procedure manual. MWM decided to FOI the Department of Industry’s procedure manual, and most of the document was released to us.

As is so often the case, most interesting is what they redacted. Step sixteen of their procedure says, “Notify the Minister’s Office of signed decision”, which was partially redacted.

Dept of Industry FOI

The reason given for the partial redaction was that full release would “have a substantial adverse effect on the proper and efficient conduct of the operations of the agency”, and that disclosure “would provide the public with detailed insight into the department’s internal decision management and operational frameworks”.

The Yes Minister! scriptwriters couldn’t have said it better! That is the purpose of the FOI Act – to peer behind the thick curtains of government offices to understand what’s going on.

What harm could come from knowledge that the media team might have to provide the minister with talking points related to the release of information, or that a senior official might need to personally brief the minister on the matters disclosed?

Presumably, in accordance with its FOI procedure manual, the Department consulted with the Minister’s office on redacting the details of how it consults with that office on FOI decisions.

I can certainly see the political harm if it were revealed that a minister could indeed delay the release of information or order a rethink, both of which would be improper.

Watch this space; MWM will pursue the matter further.

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Rex Patrick

Rex Patrick is a former Senator for South Australia and, earlier, a submariner in the armed forces. Best known as an anti-corruption and transparency crusader, Rex is also known as the "Transparency Warrior."

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