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Under Section 23 of the Freedom of Information Act 2016 (the FOI Act), ACT Government agencies and Ministers are required to proactively release specific categories of government information, known as Open Access Information, without the need for a member of the public to submit a formal access application.

The Open Access provisions of the FOI Act include a requirement for certain ministerial briefs to be made publicly available five years after they were prepared, with this requirement applying to briefs created since the commencement of the Act on 1 January 2018.