The Office of the Australian Information Commissioner (OAIC) is being taken to Federal Court over freedom of information (FOI) delays.

Rex Patrick, a former independent senator and self-proclaimed “transparency warrior”, is suing the OAIC over what he believes are unreasonable delays in the handling of FOI requests. 

Patrick is seeking a judicial review of the OAIC's decision-making timeline as there is currently no statutory deadline for FOI decision reviews, including defining what constitutes an “unreasonable delay.”

Patrick, who has over 20 FOI applications awaiting review, including those on stage-three tax cuts, AHPPC information on state border closures during COVID-19, and details about Snowy 2.0, has criticised the delays, stating that delay is the “enemy” of FOI. 

He claims that some requests have been under review for almost five years, and that FOI requests have become useful only to historians, rather than being used for engaging in policy debates or conducting government oversight.

The Grata Fund, a non-profit strategic litigation incubator and funder, is Patrick’s advocacy partner in this case.

In response to the accusations of delays, an OAIC spokesperson has said that the office is doing its best to resolve all IC reviews efficiently and in accordance with relevant legislation. 

They acknowledged that the COVID-19 pandemic has significantly impacted the office's ability to deal with the caseload, given the increase in IC review applications by approximately 63 per cent last year, in addition to the backlog of cases.

A recent report by think tank the Australia Institute found that FOI decisions cost double what they cost in the past, with three in ten being untimely and one in two decisions being incorrectly reviewed. 

Bill Browne, the Australia Institute’s democracy and accountability director, suggested that both public servants and ministers are exploiting the delays to withhold information from the public.

FOI commissioner Leo Hardiman resigned from his position just a few weeks ago, citing delays in information commissioner reviews. 

Hardiman had been the first FOI commissioner in seven years, appointed by the previous government. 

Patrick’s court case is scheduled for Monday morning in the Federal Court in Melbourne, and a decision is expected later in the year.