APS disclosure of automated decision-making could be improved: OAIC

The Office of the Australian Information Commissioner (OAIC) has released a report into automated decision-making (ADM) technology in the public service.

The report identifies opportunities for Australian Government agencies to improve transparency in the use of ADM — 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.

“Information about decision-making and the exercise of agencies’ functions is important information for the Australian community. It improves integrity, accountability and trust,” said Australian Information Commissioner Elizabeth Tydd. “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 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.

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.

The Commissioner’s review of the 23 agencies found that while all agencies publish IPS-related information on their websites, only four agencies (17%) disclosed the use of ADM in decision-making in their IPS, two agencies (9%) were identified as ‘likely to be using ADM’ via external sources but had not disclosed use in their IPS information, and 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.

“Proactively publishing clear information about automated decision-making is essential to building trust and ensuring accountability,” the Commissioner said. “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’.

The full Report and recommendations are available here.

Image credit: iStock.com/Just_Super