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ARTICLE · 16 SEPTEMBER 2026

When Is An FOI Processing Estimate Reasonable? Lessons From ‘BBP’ And DFAT

Holding Redlich
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How much time can government agencies reasonably claim when refusing FOI requests on resource grounds? A recent Information Commissioner decision examines DFAT's 113.75-hour processing estimate for sanctions-related documents, clarifying when complexity, sensitivity and specialist review requirements justify substantial resource claims under section 24AA of the FOI Act.

AustraliaGovernment, Public Sector
Elizabeth Carroll
Elizabeth Carroll
Julia Vinckx
Julia Vinckx
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When assessing whether to refuse a Freedom of Information (FOI) request, agencies do not need to apply a ‘one size fits all’ approach. Rather, it is important to take into account the nature of the records, the expertise required to review them and the genuine resource impact on the agency.

The Information Commissioner’s recent decision in ’BBP’ and Department of Foreign Affairs and Trade (Freedom of Information) [2026] AICmr 74 demonstrates that a claim of processing burden is more likely to be accepted where the estimate is transparent, supported by sampling and linked to the actual complexity of reviewing, redacting and deciding upon the documents.

When can an agency refuse an FOI request?

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