{"id":"freedom-of-information-act-1991","name":"Freedom of Information Act 1991","slug":"freedom-of-information-act-1991","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":35527,"registerId":"sa-freedom-of-information-act-1991-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Freedom of Information Act 1991.\n3—Objects\n\t(1)\tThe objects of this Act are, consistently with the principle of the Executive Government's responsibility to Parliament—\n\t(a)\tto promote openness in government and accountability of Ministers of the Crown and other government agencies and thereby to enhance respect for the law and further the good government of the State; and\n\t(b)\tto facilitate more effective participation by members of the public in the processes involved in the making and administration of laws and policies.\n\t(2)\tThe means by which it is intended to achieve these objects are as follows:\n\t(a)\tensuring that information concerning the operations of government (including, in particular, information concerning the rules and practices followed by government in its dealings with members of the public) is readily available to members of the public and to Members of Parliament; and\n\t(b)\tconferring on each member of the public and on Members of Parliament a legally enforceable right to be given access to documents held by government, subject only to such restrictions as are consistent with the public interest (including maintenance of the effective conduct of public affairs through the free and frank expression of opinions) and the preservation of personal privacy; and\n\t(c)\tenabling each member of the public to apply for the amendment of such government records concerning his or her personal affairs as are incomplete, incorrect, out-of-date or misleading.\n\t(3)\tNothing in this Act is intended to prevent or discourage the publication of information, the giving of access to documents or the amendment of records otherwise than under this Act if it is proper and reasonable to do so or if it is permitted or required by or under any other Act or law.\n3A—Principles of administration\n\t(1)\tIt is the intention of the Parliament—\n\t(a)\tthat this Act should be interpreted and applied so as to further the objects of this Act; and\n\t(b)\tthat a person or body exercising an administrative discretion conferred by this Act exercise the discretion, as far as possible, in a way that favours the disclosure of information of a kind that can be disclosed without infringing the right to privacy of individuals.\n\t(2)\tAgencies are to give effect to this Act in a way that—\n\t(a)\tassists members of the public and Members of Parliament to exercise rights given by this Act; and\n\t(b)\tensures that applications under this Act are dealt with promptly and efficiently.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\naccredited FOI officer, in relation to an agency, means—\n\t(a)\tthe principal officer of the agency; or\n\t(b)\tan officer of the agency who—\n\t(i)\thas completed training of a type approved by the Minister for an accredited FOI officer; and\n\t(ii)\thas been designated by the principal officer of the agency as an accredited FOI officer of the agency; and\n\t(iii)\t—\n\t(A)\tin relation to an administrative unit of the Public Service—is an executive employee or an employee who usually reports to an executive employee; or\n\t(B)\tin relation to South Australia Police—is an officer in South Australia Police; or\n\t(C)\tin relation to any other agency—is employed in a position that usually reports to the principal officer of the agency or to the deputy or immediate delegate of the principal officer;\nagency means—\n\t(a)\ta Minister of the Crown; or\n\t(b)\ta person who holds an office established by an Act; or\n\t(c)\tan administrative unit of the Public Service; or\n\t(d)\tSouth Australia Police; or\n\t(e)\ta council; or\n\t(f)\tan incorporated or unincorporated body—\n\t(i)\testablished or continued in existence for a public purpose by an Act; or\n\t(ii)\testablished or continued in existence for a public purpose under an Act (other than an Act providing for the incorporation of companies or associations, co‑operatives, societies or other voluntary organisations); or\n\t(iii)\tsubject to control or direction by the Governor, a Minister of the Crown or other instrumentality or agency of the Crown or a council (whether or not the body is established or continued in existence by or under an Act); or\n\t(fa)\tan assessment panel appointed or constituted under Part 6 Division 2 of the Planning, Development and Infrastructure Act 2016; or\n\t(g)\ta person or body declared by the regulations to be an agency,\nbut does not include an exempt agency;\ncouncil means a municipal or district council;\ncourt includes a justice;\ndocument includes anything in which information is stored or from which information may be reproduced;\nexempt agency means—\n\t(b)\ta person or body referred to in Schedule 2 or a person or body referred to in that Schedule in respect of functions or classes of information specified in that Schedule; or\n\t(c)\tan agency declared by regulation to be an exempt agency or declared by regulation to be an exempt agency in respect of functions or classes of information specified in the regulation;\nexempt document means a document that is an exempt document by virtue of Schedule 1;\ngovernment includes local government, and intergovernmental has a corresponding meaning;\nmember of the public includes an incorporated or unincorporated body or organisation;\nofficer of an agency includes—\n\t(a)\ta member of the agency;\n\t(b)\tthe principal officer of the agency;\n\t(c)\tany person employed in, or for the purposes of, the agency;\npersonal affairs of a person includes that person's—\n\t(a)\tfinancial affairs;\n\t(b)\tcriminal records;\n\t(c)\tmarital or other personal relationships;\n\t(d)\temployment records;\n\t(e)\tpersonal qualities or attributes,\nbut does not include the personal affairs of a body corporate;\npolicy document, in relation to an agency, means—\n\t(a)\ta document containing interpretations, rules, guidelines, statements of policy, practices or precedents; or\n\t(b)\ta document containing particulars of any administrative scheme; or\n\t(c)\ta document containing a statement of the manner, or intended manner, of administration of any legislative instrument or administrative scheme; or\n\t(d)\ta document describing the procedures to be followed in investigating any contravention or possible contravention of any legislative instrument or administrative scheme; or\n\t(e)\tany other document of a similar kind,\nthat is used by the agency in connection with the exercise of such of its functions as affect or are likely to affect rights, privileges or other benefits, or obligations, penalties or other detriments, to which members of the public are or may become entitled, eligible, liable or subject, but does not include a legislative instrument;\nprincipal officer, in relation to an agency, means—\n\t(a)\tif the agency consists of a single person (including a corporation sole but not any other body corporate)—that person;\n\t(b)\tif the agency consists of an unincorporated board or committee—the presiding officer;\n\t(c)\tin any other case—the chief executive officer of the agency or a person designated by the regulations as principal officer of the agency;\nresponsible Minister in relation to a State Government agency means the Minister responsible for administration of the agency or the legislative instrument under which it is established and, if there is no such Minister, a Minister designated by the regulations as the responsible Minister or, in the absence of such a designation, the Minister responsible for the administration of this Act;\nrestricted document means a document that is an exempt document by virtue of Part 1 of Schedule 1;\nSACAT means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;\nState includes Territory;\nState Government agency means an agency other than a council or a prescribed person or body;\nState Records means the office of State Records established under the State Records Act 1997;\ntribunal means any body (other than a court) invested by the law of the State with judicial or quasi-judicial powers.\n\t(2)\tThe holder of an office or a body that forms part, or is established for the purposes, of an agency is not to be regarded as constituting a separate agency.\n\t(3)\tA reference in this Act to documents held by or in the possession of an agency is, where the agency is a Minister, a reference only to such of those documents as relate to agencies for which the Minister is responsible.\n\t(4)\tAn agency is to be taken to hold a document if the agency has an immediate right of access to the document.\n\t(5)\tWhere—\n\t(a)\tan agency holds information in computer storage; and\n\t(b)\ta particular document is capable of being produced by the computer on the basis of information so stored,\nthe agency is to be taken to hold that document.\n\t(6)\tAn agency is not to be taken to hold a document while the document is held by or in the possession of an exempt agency for which the agency is responsible.\n5—Act binds Crown\nThis Act binds the Crown not only in right of the State but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.\n5A—Act not to apply to Parliament or parliamentary committees\n\t(1)\tThis Act does not apply to the Parliament, an officer of the Parliament or a parliamentary committee.\n\t(2)\tIn this section—\nparliamentary committee means a committee established under the Parliamentary Committees Act 1991 or any other committee of either or both of the Houses of Parliament.\n6—Act not to apply to judicial functions of courts and tribunals\n\t(1)\tFor the purposes of this Act—\n\t(a)\tneither a court nor a judicial officer of a court is to be regarded as an agency or part of an agency; and\n\t(b)\tneither a registry or other office of a court nor the members of staff of such a registry or other office are, in relation to matters relating to the court's judicial functions, to be regarded as an agency or part of an agency.\n\t(2)\tFor the purposes of this Act—\n\t(a)\tneither a tribunal nor an officer vested with power to determine questions raised in proceedings before a tribunal is to be regarded as an agency or part of an agency; and\n\t(b)\tneither a registry or other office of a tribunal nor the members of staff of such a registry or other office are, in relation to matters relating to the determination of proceedings before the tribunal, to be regarded as an agency or part of an agency.\n7—Documents in State Records\nIf a document held by an agency is delivered into the custody of State Records, the document is, for the purposes of this Act, to be taken to continue in the possession of the agency by which it was formerly held.\n8—Defunct agencies\n\t(1)\tWhere an agency takes over the functions of another agency and that other agency ceases to exist, the responsibilities of the continuing agency under this Act will include those of the former agency as if the former agency had merged with, and continued as part of, the continuing agency.\n\t(2)\tWhere an agency ceases to exist, and no other agency takes over its functions, the responsibilities of the defunct agency under this Act will devolve—\n\t(a)\tif the Minister administering this Act nominates an agency—on the agency so nominated as if the former agency had merged with, and continued as part of, the nominated agency; or\n\t(b)\tin the absence of such a nomination—on State Records.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Publication of certain information","content":"Part 2—Publication of certain information\n9—Publication of information concerning agencies\n\t(1)\tThe responsible Minister for a State Government agency must, at intervals of not more than 12 months, cause an up-to-date information statement to be published in a manner prescribed by regulation.\n\t(1a)\tAn agency (other than a State Government agency) must, at intervals of not more than 12 months, cause an up-to-date information statement to be published in a manner prescribed by regulation.\n\t(2)\tAn information statement must contain—\n\t(a)\ta description of the structure and functions of the agency (including of any board, committee or other body constituted by two or more persons that is part of the agency or has been established for the purpose of advising the agency and whose meetings are open to the public or the minutes of whose meetings are available for public inspection); and\n\t(b)\ta description of the ways in which the functions (including, in particular, the decision-making functions) of the agency affect members of the public; and\n\t(c)\ta description of any arrangements that exist to enable members of the public to participate in the formulation of the agency's policy and the exercise of the agency's functions; and\n\t(d)\ta description of the various kinds of documents that are usually held by the agency, including—\n\t(i)\ta description of the various kinds of documents that are available for inspection at the agency (whether as part of a public register or otherwise) in accordance with the provisions of a legislative instrument other than this Act, whether or not inspection of any such document is subject to a fee or charge; and\n\t(ii)\ta description of the various kinds of documents that are available for purchase from the agency; and\n\t(iii)\ta description of the various kinds of documents that are available from the agency free of charge; and\n\t(e)\ta description of the arrangements that exist to enable a member of the public to obtain access to the agency's documents and to seek amendment of the agency's records concerning his or her personal affairs; and\n\t(f)\ta description of the procedures of the agency in relation to the giving of access to the agency's documents and to the amendment of the agency's records concerning the personal affairs of a member of the public, including—\n\t(i)\tthe designation of the officer or officers to whom inquiries should be made; and\n\t(ii)\tthe address or addresses at which applications under this Act should be lodged.\n\t(3)\tAn information statement—\n\t(a)\tmust identify each of the agency's policy documents; and\n\t(c)\tmust specify the designation of the officer or officers to whom inquiries concerning the procedures for inspecting and purchasing the agency's policy documents should be made; and\n\t(d)\tmust specify the address or addresses at which, and the times during which, the agency's policy documents may be inspected and purchased.\n\t(4)\tNothing in this section requires the publication of information if its inclusion in a document would result in the document being an exempt document.\n10—Availability of information statement and policy documents\n\t(1)\tAn agency must cause copies of—\n\t(a)\tits most recent information statement; and\n\t(c)\teach of its policy documents,\nto be made available for inspection and purchase by members of the public.\n\t(2)\tNothing in this section prevents an agency from deleting information from the copies of a policy document if its inclusion in the document would result in the document being an exempt document otherwise than by virtue of clause 9 or 10 of Schedule 1.\n\t(3)\tAn agency should not enforce a particular policy to the detriment of a person—\n\t(a)\tif the relevant policy document should have been, but was not, made available for inspection and purchase in accordance with this section at the time the person became liable to the detriment; and\n\t(b)\tthe person could, by knowledge of the policy have avoided liability to the detriment.\n11—Application of this Part\nThis Part does not apply to—\n\t(a)\tan agency that is a Minister (unless the agency is declared by regulation to be one to which this Part applies); or\n\t(b)\tan agency that is exempted by regulation from the obligations of this Part (provided that any conditions of the exemption are complied with).\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"Access to documents","content":"Part 3—Access to documents\n12—Right of access to agencies' documents\nA person has a legally enforceable right to be given access to an agency's documents in accordance with this Act.\n13—Applications for access to agencies' documents\nAn application for access to an agency's document—\n\t(b)\tmust specify that it is made under this Act; and\n\t(c)\tmust be accompanied by such application fee as may be prescribed; and\n\t(d)\tmust contain such information as is reasonably necessary to enable the document to be identified; and\n\t(e)\tmust specify an address in Australia to which notices under this Act should be sent; and\n\t(f)\tmust be lodged at an office of the agency, and may request that access to the document be given in a particular way.\n14—Applications to be dealt with by certain persons and within certain time\n\t(1)\tAn application will be dealt with on behalf of an agency by an accredited FOI officer of the agency.\n\t(2)\tAn application must be dealt with as soon as practicable (and, in any case, within 30 days) after it is received.\n14A—Extension of time limit\n\t(1)\tThe principal officer of an agency that is dealing with an application may extend the period within which the application would otherwise have to be dealt with under section 14 if satisfied that—\n\t(a)\tthe application is for access to a large number of documents or necessitates a search through a large quantity of information and dealing with the application within that period would unreasonably divert the agency's resources from their use by the agency in the exercise of its functions; or\n\t(b)\tthe application is for access to a document in relation to which consultation is required under Division 2 and it will not be reasonably practicable to comply with Division 2 within that period.\n\t(2)\tAn extension under subsection (1) must be for a reasonable period of time having regard to the circumstances.\n\t(3)\tThe extension must be effected by giving written notice of the extension to the applicant within 20 days after the application is received.\n\t(4)\tSuch a notice must specify—\n\t(a)\tthe period of the extension; and\n\t(b)\tthe reasons for the extension; and\n\t(c)\tthe rights of review conferred by this Act.\n\t(5)\tAn extension under subsection (1) is a determination for the purposes of this Act.\n15—Incomplete and wrongly directed applications\nAn agency must not refuse to accept an application merely because it does not contain sufficient information to enable the document to which it relates to be identified without first taking such steps as are reasonably practicable to assist the applicant to provide such information.\n16—Transfer of applications\n\t(1)\tAn agency to which an application has been made may transfer the application to another agency if the document to which it relates—\n\t(a)\tis not held by the agency but is, to the knowledge of the agency, held by the other agency; or\n\t(b)\tis held by the agency but is more closely related to the functions of the other agency.\n\t(2)\tAn agency that transfers an application to another agency must, if it holds the document to which the application relates, forward a copy of the document to the other agency together with the application.\n\t(3)\tAn agency that transfers an application to another agency must forthwith cause notice of that fact to be given to the applicant.\n\t(4)\tSuch a notice must specify the day on which, and the agency to which, the application was transferred.\n\t(5)\tAn agency is not required to include in a notice any matter if its inclusion in the notice would result in the notice being an exempt document.\n\t(6)\tAn application that is transferred from one agency to another is to be taken to have been received by the other agency—\n\t(a)\ton the day on which it is transferred; or\n\t(b)\t14 days after the day on which it was received by the agency to which it was originally made,\nwhichever is the earlier.\n17—Agencies may require advance deposits\n\t(1)\tIf, in the opinion of an agency, the cost of dealing with an application is likely to exceed the application fee, the agency may request the applicant to pay to it such reasonable amount, by way of advance deposit, as the agency may determine.\n\t(2)\tIf, in the opinion of an agency, the cost of dealing with an application is likely to exceed the sum of the application fee and of any advance deposits paid in respect of the application, the agency may request the applicant to pay to it such reasonable amount, by way of further advance deposit, as the agency may determine.\n\t(3)\tThe aggregate of the application fee and the advance deposit or deposits requested under this section may not exceed the agency's estimate of the cost of dealing with the application.\n\t(4)\tA request for an advance deposit must be accompanied by a notice that sets out the basis on which the amount of the deposit has been calculated.\n\t(5)\tThe amount of an advance deposit requested by an agency in respect of an application must be paid to the agency within such period as the agency specifies in the request.\n\t(6)\tThe period between the making of a request under this section and the payment of an advance deposit in accordance with the request is not to be taken into account in calculating the period within which the relevant application is to be dealt with.\n18—Agencies may refuse to deal with certain applications\n\t(1)\tAn agency may refuse to deal with an application if it appears to the agency that the nature of the application is such that the work involved in dealing with it within the period allowed under section 14 (or within any reasonable extension of that period under section 14A) would, if carried out, substantially and unreasonably divert the agency's resources from their use by the agency in the exercise of its functions.\n\t(2)\tAn agency must not refuse to deal with such an application without first endeavouring to assist the applicant to amend the application so that the work involved in dealing with it would, if carried out, no longer substantially and unreasonably divert the agency's resources from their use by the agency in the exercise of its functions.\n\t(2a)\tAn agency may refuse to deal with an application if, in the opinion of the agency, the application is part of a pattern of conduct that amounts to an abuse of the right of access or is made for a purpose other than to obtain access to information.\n\t(3)\tAn agency may refuse to continue dealing with an application if—\n\t(a)\tit has requested payment of an advance deposit in relation to the application; and\n\t(b)\tpayment of the deposit has not been made within the period specified in the request.\n\t(4)\tIf an agency refuses to continue dealing with an application under subsection (3)—\n\t(a)\tit must refund to the applicant such part of the advance deposits paid in respect of the application as exceeds the costs incurred by the agency in dealing with the application; and\n\t(b)\tit may retain the remainder of those deposits.\n\t(5)\tAn agency that refuses to deal with an application under this section must forthwith cause written notice of that fact to be given to the applicant.\n\t(6)\tSuch a notice must specify—\n\t(a)\tthe reasons for the refusal; and\n\t(b)\tthe findings on any material questions of fact underlying those reasons, together with a reference to the sources of information on which those findings are based.\n\t(7)\tAn agency is not required to include in a notice any matter if its inclusion in the notice would result in the notice being an exempt document.\n\t(8)\tA refusal to deal with, or to continue to deal with, an application under this section is a determination for the purposes of this Act.\n19—Determination of applications\n\t(1)\tAfter considering an application for access to a document, an agency must determine—\n\t(a)\twhether access to the document is to be given (either immediately or subject to deferral) or refused; and\n\t(b)\tif access to the document is to be given—any charge payable in respect of the giving of access; and\n\t(c)\tany charge payable for dealing with the application.\n\t(2)\tIf—\n\t(a)\t—\n\t(i)\tthe principal officer of an agency has, under section 14A, extended the period within which an application must be dealt with by the agency; and\n\t(ii)\tthe agency fails to determine the application within the period as so extended; or\n\t(b)\tin any other case—an agency fails to determine an application within 30 days after receiving the application,\nthe agency is to be taken to have determined the application by refusing access to the document to which it relates for the purposes of the provisions of Division 3 and Part 5.\n\t(2a)\tHowever, nothing prevents an agency from making a determination to give access to a document on an application after the period within which it was required to deal with the application (and any such determination is to be taken to have been made under this Act).\n\t(3)\tThis section does not require an agency to determine an application if the agency has, in accordance with this Act, transferred the application to another agency or refused to deal with, or to continue to deal with, the application.\n20—Refusal of access\n\t(1)\tAn agency may refuse access to a document—\n\t(a)\tif it is an exempt document; or\n\t(b)\tif it is a document that is available for inspection at that or some other agency (whether as part of a public register or otherwise) in accordance with Part 2, or in accordance with a legislative instrument other than this Act, whether or not inspection of the document is subject to a fee or charge; or\n\t(c)\tif it is a document that is usually and currently available for purchase; or\n\t(d)\tif it is a document that—\n\t(i)\twas not created or collated by the agency itself; and\n\t(ii)\tgenuinely forms part of library material held by the agency; or\n\t(e)\tif it is a document that came into existence before 1 January 1987.\n\t(2)\tSubsection (1)(e) does not permit an agency to refuse access to—\n\t(a)\ta document that contains information concerning the personal affairs of the applicant; or\n\t(b)\ta document that is reasonably necessary to enable some other document (being a document to which the agency has given access under this Act) to be understood; or\n\t(c)\ta document if 20 years have passed since the end of the calendar year in which the document came into existence.\n\t(4)\tIf—\n\t(a)\tit is practicable to give access to a copy of a document from which the exempt matter has been deleted; and\n\t(b)\tit appears to the relevant agency (either from the terms of the application or after consultation with the applicant) that the applicant would wish to be given access to such a copy,\nthe agency must not refuse to give access to the document to that limited extent.\n21—Deferral of access\n\t(1)\tAn agency may defer access to a document—\n\t(a)\tif it is a document that is required by law to be published but is yet to be published; or\n\t(b)\tif it is a document that has been prepared for presentation to Parliament but is yet to be presented; or\n\t(c)\tif it is a document that has been prepared for submission to a particular person or body but is yet to be submitted.\n\t(1a)\tA State Government agency may defer access to a document—\n\t(a)\tif it is a document that has been designated by the responsible Minister for the agency as appropriate for presentation to Parliament, but is yet to be presented; or\n\t(b)\tif it is a document that has been designated by the responsible Minister for the agency as appropriate for submission to a particular person or body, but is yet to be submitted.\n\t(2)\tAccess to a document to which subsection (1)(a) applies may not be deferred beyond the time the document is required by law to be published.\n\t(3)\tAccess to a document to which subsection (1)(b), (1)(c), (1a)(a) or (1a)(b) applies may not be deferred for more than a reasonable time after the date of its preparation.\n22—Forms of access\n\t(1)\tAccess to a document may be given to a person—\n\t(a)\tby giving the person a reasonable opportunity to inspect the document; or\n\t(b)\tby giving the person a copy of the document; or\n\t(c)\tin the case of a document from which sounds or visual images are capable of being reproduced, whether or not with the aid of some other device—by making arrangements for the person to hear or view those sounds or visual images; or\n\t(d)\tin the case of a document in which words are recorded in a manner in which they are capable of being reproduced in the form of sound—by giving the person a written transcript of the words recorded in the document; or\n\t(e)\tin the case of a document in which words are contained in the form of shorthand writing or in encoded form—by giving the person a written transcript of the words contained in the document; or\n\t(f)\tin the case of a document in which words are recorded in a manner in which they are capable of being reproduced in the form of a written document—by giving the person a written document so reproduced.\n\t(2)\tIf an applicant has requested that access to a document be given in a particular way, access to the document must be given in that way unless giving access as requested—\n\t(a)\twould unreasonably divert the resources of the agency (or, if the document is in the custody of State Records, the resources of State Records) from their use for other official purposes; or\n\t(b)\twould be detrimental to the preservation of the document or (having regard to the physical nature of the document) would otherwise not be appropriate; or\n\t(c)\twould involve an infringement of copyright in matter contained in the document,\nin which case access may be given in some other way.\n\t(2a)\tIf a document is in the custody of State Records, the determination as to the way in which access is given to the document must be made by or jointly with the Manager of State Records.\n\t(3)\tIf an applicant has requested that access to a document be given in a particular way and access is given in some other way, the applicant is not required to pay a charge in respect of the giving of access that is greater than the charge that the applicant would have been required to pay had access been given as requested.\n\t(4)\tSubject to subsection (2a), this section does not prevent an agency from giving access to a document in any way agreed on between the agency and the person to whom access is to be given.\n\t(5)\tAn agency may refuse to give access to a document if a charge payable in respect of the application, or giving access to the document, has not been paid.\n23—Notices of determination\n\t(1)\tAn agency must notify an applicant in writing—\n\t(a)\tof its determination of his or her application; or\n\t(b)\tif the application relates to a document that is not held by the agency—of the fact that the agency does not hold such a document.\n\t(2)\tSuch a notice must specify—\n\t(a)\tthe day on which the determination was made; and\n\t(b)\t—\n\t(i)\tthe name and designation of the officer by whom the determination was made; and\n\t(ii)\tthe rights of review conferred by this Act; and\n\t(iii)\tthe procedures to be followed for the purpose of exercising those rights; and\n\t(c)\tif the determination is to the effect that access to a document is to be given (either immediately or subject to deferral)—the amount of any charge payable in respect of the giving of access; and\n\t(d)\tif the determination is to the effect that the document is an exempt document and that access is to be given to a copy of the document from which exempt matter has been deleted—the fact that the document is such a copy and the provision of Schedule 1 by virtue of which the document is an exempt document; and\n\t(e)\tif the determination is to the effect that access to a document is to be given subject to deferral—\n\t(i)\tthe reason for the deferral; and\n\t(ii)\tif applicable—the likely period of deferral; and\n\t(f)\tif the determination is to the effect that access to a document is refused—\n\t(i)\tthe reasons for the refusal, including—\n\t(A)\tthe grounds for the refusal under section 20(1); and\n\t(B)\tif a ground for the refusal is that the document is an exempt document—the particular provision of Schedule 1 by virtue of which the document is an exempt document and, if under the provision disclosure of the document must, on balance, be contrary to the public interest in order for the document to be exempt, the reasons why disclosure of the document would be contrary to the public interest; and\n\t(ii)\tthe findings on any material questions of fact underlying the reasons for the refusal, together with a reference to the sources of information on which those findings are based; and\n\t(g)\tthe amount of any charge for dealing with the application, together with—\n\t(i)\ta statement of any amount payable by the applicant; or\n\t(ii)\ta statement of any amount refundable to the applicant,\nin relation to the charge, having regard to the sum of any advance deposits paid in respect of the application.\n\t(3)\tWhere an applicant applies for access to a document that is an exempt document for reasons related to criminal investigation or law enforcement, the notice may be given in a form that neither admits or denies the existence of the document and, if disclosure of the existence of the document could prejudice the safety of a person, the notice must be given in that form.\n\t(4)\tAn agency is not required to include in a notice any matter if its inclusion in the notice would result in the notice being an exempt document.\n24—Division to be read subject to Division 2\nThis Division has effect subject to the provisions of Division 2.\n","sortOrder":2},{"sectionNumber":"Div 2","sectionType":"division","heading":"Consultation","content":"Division 2—Consultation\n25—Documents affecting inter-governmental or local governmental relations\n\t(1)\tThis section applies to a document that contains matter concerning the affairs of—\n\t(a)\tthe Government of the Commonwealth or of another State; or\n\t(b)\ta council (including a council constituted under a law of another State).\n\t(2)\tAn agency must not give access under this Act to a document to which this section applies unless the agency has taken such steps as are reasonably practicable to obtain the views of the Government or council concerned as to whether or not the document is an exempt document by virtue of clause 5 of Schedule 1.\n\t(2a)\tHowever, if the agency is a council, subsection (2) does not apply in relation to documents that only contain matter concerning the affairs of that council.\n\t(a)\tan agency determines, after having sought the views of the Government or council concerned, that access to a document to which this section applies is to be given; and\n\t(b)\tthe views of the Government or council concerned are that the document is an exempt document by virtue of clause 5 of Schedule 1,\n\t(c)\tforthwith give written notice to the Government or council concerned—\n\t(d)\tdefer giving access to the document until after the expiration of the period within which an application for a review under this Act may be made or, if such an application is made, until after the application has been finally disposed of.\n26—Documents affecting personal affairs\n\t(1)\tThis section applies to a document that contains information concerning the personal affairs of any person (whether living or dead).\n\t(2)\tAn agency must not give access under this Act to a document to which this section applies (except to the person concerned) unless the agency has taken such steps as are reasonably practicable to obtain the views of the person concerned as to whether or not the document is an exempt document by virtue of clause 6 of Schedule 1.\n\t(a)\t—\n\t(i)\tan agency determines, after having sought the views of the person concerned, that access to a document to which this section applies is to be given; and\n\t(ii)\tthe views of the person concerned are that the document is an exempt document by virtue of clause 6 of Schedule 1; or\n\t(b)\tafter having taken reasonable steps to obtain the views of the person concerned—\n\t(i)\tthe agency is unable to obtain the views of the person; and\n\t(ii)\tthe agency determines that access to the document should be given,\n\t(d)\tdefer giving access to the document until after the expiration of the period within which an application for a review under this Act may be made or, if such an application is made, until after the application has been finally disposed of.\n\t(4)\tIf—\n\t(a)\tan application is made to an agency for access to a document to which this section applies; and\n\t(b)\tthe document contains information of a medical or psychiatric nature concerning the applicant; and\n\t(c)\tthe agency is of the opinion that disclosure of the information to the applicant may have an adverse effect on the physical or mental health, or the emotional state, of the applicant; and\n\t(d)\tthe agency decides that access to the document is to be given,\nit is sufficient compliance with this Act if access to the document is given to a registered medical practitioner nominated by the applicant.\n\t(5)\tA reference in this section to the person concerned is, in the case of a deceased person, a reference to the personal representative of that person or, if there is no personal representative, the closest relative of that person of or above the age of 18 years.\n27—Documents affecting business affairs\n\t(1)\tThis section applies to a document that contains—\n\t(a)\tinformation concerning the trade secrets of any person; or\n\t(b)\tinformation (other than trade secrets) that has a commercial value to any person; or\n\t(c)\tany other information concerning the business, professional, commercial or financial affairs of any person.\n\t(2)\tAn agency must not give access under this Act to a document to which this section applies (except to the person concerned) unless the agency has taken such steps as are reasonably practicable to obtain the views of the person concerned as to whether or not the document is an exempt document by virtue of clause 7 of Schedule 1.\n\t(a)\tan agency determines, after seeking the views of the person concerned, that access to a document to which this section applies is to be given; and\n\t(b)\tthe views of the person concerned are that the document is an exempt document by virtue of clause 7 of Schedule 1,\n\t(d)\tdefer giving access to the document until after the expiration of the period within which an application for a review under this Act may be made or, if such an application is made, until after the application has been finally disposed of.\n28—Documents affecting the conduct of research\n\t(1)\tThis section applies to a document that contains information concerning research that is being, or is intended to be, carried out by or on behalf of any person.\n\t(2)\tAn agency must not give access under this Act to a document to which this section applies (except to the person concerned) unless the agency has taken such steps as are reasonably practicable to obtain the views of the person concerned as to whether or not the document is an exempt document by virtue of clause 8 of Schedule 1.\n\t(a)\tan agency determines, after seeking the views of the person concerned, that access to a document to which this section applies is to be given; and\n\t(b)\tthe views of the person concerned are that the document is an exempt document by virtue of clause 8 of Schedule 1,\n\t(d)\tdefer giving access to the document until after the expiration of the period within which an application for a review under this Act may be made or, if such an application is made, until after the application has been finally disposed of.\n","sortOrder":3},{"sectionNumber":"Div 3","sectionType":"division","heading":"Internal review","content":"Division 3—Internal review\n29—Internal review\n\t(1)\tSubject to subsection (5), a person who is aggrieved by a determination made by an agency under any other provision of this Part is entitled to a review of the determination.\n\t(2)\tAn application for review of a determination—\n\t(b)\tmust be accompanied by such application fee as may be prescribed; and\n\t(c)\tmust be addressed to the principal officer of the agency; and\n\t(d)\tmust specify an address in Australia to which notices under this Act should be sent; and\n\t(e)\tmust be lodged at an office of the agency within 30 days after the day on which notice of the determination was given to the applicant or within such further time as the principal officer of the agency may allow.\n\t(3)\tOn an application for review under this section the agency may confirm, vary or reverse the determination under review.\n\t(4)\tIf on a review the agency varies or reverses a determination so that access to a document is to be given (either immediately or subject to deferral), the agency must refund any application fee paid in respect of the review.\n\t(5)\tAn agency that fails to determine an application made under this section within 14 days after it is received by the agency is, for the purposes of this Act, to be taken to have confirmed the determination in respect of which a review is sought.\n\t(6)\tA determination is not subject to review under this section if it is made by or at the direction of the principal officer of the agency or at the direction of a person or body to which the principal officer is responsible.\n","sortOrder":4},{"sectionNumber":"Part 4","sectionType":"part","heading":"Amendment of records","content":"Part 4—Amendment of records\n30—Right to apply for amendment of agencies' records\nA person to whom access to an agency's documents has been given may apply for the amendment of the agency's records if—\n\t(a)\tthe document contains information concerning the person's personal affairs; and\n\t(b)\tthe information is available for use by the agency in connection with its administrative functions; and\n\t(c)\tthe information is, in the person's opinion, incomplete, incorrect, out-of-date or misleading.\n31—Applications for amendment of agencies' records\nAn application for the amendment of an agency's records—\n\t(b)\tmust specify that it is made under this Act; and\n\t(c)\tmust contain such information as is reasonably necessary to enable the agency's document to which the applicant has been given access to be identified; and\n\t(d)\tmust specify the respects in which the applicant claims the information contained in the document to be incomplete, incorrect, out-of-date or misleading; and\n\t(e)\tif the applicant claims that the information contained in the document is incomplete or out-of-date—must be accompanied by such information as is necessary to complete the agency's records or to bring them up-to-date; and\n\t(f)\tmust specify an address in Australia to which notices under this Act should be sent; and\n\t(g)\tmust be lodged at an office of the agency.\n32—Persons by whom applications to be dealt with etc\n\t(1)\tAn application will be dealt with on behalf of an agency by an accredited FOI officer of the agency.\n\t(2)\tAn application must be dealt with as soon as practicable (and, in any case, within 30 days) after it is received.\n33—Incomplete applications\nAn agency must not refuse to accept an application merely because the application does not contain sufficient information to enable the agency's document to which the applicant has been given access to be identified without first taking such steps as are reasonably practicable to assist the applicant to provide such information.\n34—Determination of applications\n\t(1)\tAn agency must determine an application—\n\t(a)\tby amending its records in accordance with the application; or\n\t(b)\tby refusing to amend its records.\n\t(2)\tAn agency that fails to determine an application within 30 days after the application is received by the agency is, for the purposes of this Act, to be taken to have determined the application by refusing to amend its records in accordance with the application.\n35—Refusal to amend records\nAn agency may refuse to amend its records in accordance with an application—\n\t(a)\tif it is satisfied that its records are not incomplete, incorrect, out-of-date or misleading in a material respect; or\n\t(b)\tif it is satisfied that the application contains matter that is incorrect or misleading in a material respect; or\n\t(c)\tif the procedures for amending its records are prescribed by or under the provisions of a legislative instrument other than this Act, whether or not amendment of those records is subject to a fee or charge.\n36—Notices of determination\n\t(1)\tAn agency must give written notice to the applicant—\n\t(a)\tof its determination of his or her application; or\n\t(b)\tif the application relates to records that are not held by the agency—of the fact that the agency does not hold such records.\n\t(2)\tSuch a notice must specify—\n\t(a)\tthe day on which the determination was made; and\n\t(b)\tif the determination is to the effect that amendment of the agency's records is refused—\n\t(i)\tthe name and designation of the officer by whom the determination was made; and\n\t(ii)\tthe reasons for the refusal; and\n\t(iii)\tthe findings on any material questions of fact underlying those reasons, together with a reference to the sources of information on which those findings are based; and\n\t(iv)\tthe rights of review conferred by this Act in relation to the determination; and\n\t(v)\tthe procedures to be followed for the purpose of exercising those rights.\n\t(3)\tAn agency is not required to include in a notice any matter if its inclusion in the notice would result in the notice being an exempt document.\n37—Notations to be added to records\n\t(1)\tIf an agency has refused to amend its records, the applicant may, by notice in writing lodged at an office of the agency, require the agency to add to those records a notation—\n\t(a)\tspecifying the respects in which the applicant claims the records to be incomplete, incorrect, out-of-date or misleading; and\n\t(b)\tif the applicant claims the records to be incomplete or out-of-date—setting out such information as the applicant claims is necessary to complete the records or to bring them up-to-date.\n\t(2)\tAn agency must comply with the requirements of a notice lodged under this section and must cause written notice of the nature of the notation to be given to the applicant.\n\t(3)\tIf an agency discloses to any person (including any other agency) any information contained in the part of its records to which a notice under this section relates, the agency—\n\t(a)\tmust ensure that, when the information is disclosed, a statement is given to that person—\n\t(i)\tstating that the person to whom the information relates claims that the information is incomplete, incorrect, out-of-date or misleading; and\n\t(ii)\tsetting out particulars of the notation added to its records under this section; and\n\t(b)\tmay include in the statement the reason for the agency's refusal to amend its records in accordance with the notation.\n\t(4)\tNothing in this section is intended to prevent or discourage agencies from giving particulars of a notation added to its records under this section to a person (including any other agency and any Minister) to whom information contained in those records was given before the commencement of this section.\nDivision 2—Internal review\n38—Internal review\n\t(1)\tSubject to subsection (5), a person who is aggrieved by a determination made by an agency under Division 1 is entitled to a review of the determination.\n\t(2)\tAn application for review of a determination—\n\t(b)\tmust be addressed to the principal officer of the agency; and\n\t(c)\tmust specify an address in Australia to which notices under this Act should be sent; and\n\t(d)\tmust be lodged at an office of the agency within 30 days after the day on which notice of the determination was given to the applicant or within such further time as the principal officer of the agency may allow.\n\t(3)\tOn an application for review under this section, the agency may confirm, vary or reverse the determination under review.\n\t(4)\tAn agency that fails to determine an application made under this section within 14 days after it is received by the agency is, for the purposes of this Act, to be taken to have confirmed the determination in respect of which review is sought.\n\t(5)\tA determination is not subject to review under this section if it is made by or at the direction of the principal officer of the agency or at the direction of a person or body to which the principal officer is responsible.\n","sortOrder":5},{"sectionNumber":"Part 5","sectionType":"part","heading":"External review","content":"Part 5—External review\n","sortOrder":6},{"sectionNumber":"Div 1","sectionType":"division","heading":"Reviews by Ombudsman","content":"Division 1—Reviews by Ombudsman\n39—External review\n\t(1)\tIn this section—\ninterested person, in relation to a review, means a person who should, under Division 2 of Part 3, be consulted in relation to an application for access to a document the subject of the review;\nrelevant review authority, in relation to a determination, means the Ombudsman.\n\t(2)\tA person—\n\t(a)\twho is aggrieved by a determination of an agency following an internal review; or\n\t(b)\twho is aggrieved by a determination that is not liable to internal review,\nmay apply to the relevant review authority for a review of the determination.\n\t(3)\tSubject to subsection (4), an application under this section must be made—\n\t(a)\twhere there has been a review of the determination by the agency—within 30 days after notice of the decision on review of the determination is given to the applicant; or\n\t(b)\tin any other case—within 30 days after the date of the determination.\n\t(4)\tThe relevant review authority may, in its discretion, extend the time for making an application under this section.\n\t(5)\tIn conducting a review under this section, the relevant review authority—\n\t(a)\tmay carry out an investigation into the subject matter of the application (and for the purposes of such an investigation may exercise the same investigative powers as are conferred on the Ombudsman by the Ombudsman Act 1972 in relation to an investigation duly initiated under that Act, including the powers of a commission as defined in the Royal Commissions Act 1917); and\n\t(b)\tmay, if it appears to the relevant review authority that the agency has failed to properly sort or compile documents relevant to the review or to undertake consultations relevant to the review that should have been undertaken by the agency—\n\t(i)\trequire the agency to sort or compile the documents or undertake the consultations; or\n\t(ii)\trequire officers of the agency to attend at a time and place specified by the relevant review authority for the purpose of sorting and compiling the documents or undertaking the consultations; and\n\t(c)\tmay—\n\t(i)\ttry to effect a settlement between the participants to a review at any time during the review; and\n\t(ii)\tat the request of the agency, suspend proceedings under this section at any time to allow an opportunity for a settlement to be negotiated.\n\t(6)\tSection 21 of the Ombudsman Act 1972 does not apply in relation to a review under this section.\n\t(7)\tThe agency and the applicant must cooperate in the process proposed by the relevant review authority for the purposes of the conduct of a review under this section (including any attempt of the relevant review authority to effect a settlement between the participants), and must do all such things as are reasonably required to expedite the process.\n\t(8)\tThe relevant review authority may dismiss an application if the relevant review authority considers that the applicant has failed to comply with subsection (7).\n\t(9)\tIf, in determining an application for a review under this section—\n\t(a)\tthe relevant review authority is advised that the determination of the agency was made on grounds of the public interest; and\n\t(b)\tthe Minister administering this Act makes known to the relevant review authority the Minister's assessment of what the public interest requires in the circumstances of the case subject to the review,\nthe relevant review authority must, in determining the application, uphold that assessment unless satisfied that there are cogent reasons for not doing so.\n\t(10)\tA relevant review authority must not make a determination to the effect that access is to be given to a document to which Division 2 of Part 3 applies unless the relevant review authority has taken steps as are reasonably practicable to obtain the views of any interested person as to whether or not the document is an exempt document under a provision of Part 2 of Schedule 1.\n\t(11)\tOn an application under this section, the relevant review authority may (based on the circumstances existing at the time of the review) confirm, vary or reverse the determination the subject of the review.\n\t(12)\tIf, in conducting a review under this section, the relevant review authority is satisfied that a document is an exempt document, the relevant review authority does not have power to make a determination to the effect that access is to be given to the document (but may, if it thinks fit, offer, together with its reasons for its determination, reasons why the agency might give access to the document despite its exempt status).\n\t(13)\tOn making a determination on a review under this section, the relevant review authority must notify each of the following persons of the determination and the reasons for the determination:\n\t(a)\tthe applicant;\n\t(b)\tthe agency;\n\t(c)\tif—\n\t(i)\tthe determination is to the effect that access is to be given to a document; and\n\t(ii)\tthe relevant review authority—\n\t(A)\tis aware that the views of an interested person are that the document is an exempt document under a provision of Part 2 of Schedule 1; or\n\t(B)\tafter having taken reasonable steps to obtain the views of an interested person, has been unable to obtain the views of the person,\nthe interested person.\n\t(14)\tIf the relevant review authority considers it to be in the public interest or the interests of an agency to do so, the relevant review authority may publish, in such manner as the relevant review authority thinks fit, the reasons for a determination made on a review under this section.\n\t(15)\tA relevant review authority should avoid disclosing in its reasons for a determination any matter that the agency claims is exempt matter (whether or not the relevant review authority agrees with that claim).\n\t(16)\tIn publishing reasons for a determination, a relevant review authority may comment on any unreasonable, frivolous or vexatious conduct by the applicant or the agency.\n\t(17)\tIf, after conducting a review under this section, a relevant review authority is of the opinion that there is evidence that a person, being an officer of an agency, has been guilty of a breach of duty or of misconduct in the administration of this Act and that the evidence is, in all the circumstances, of sufficient force to justify it doing so, the relevant review authority may bring the evidence to the notice of—\n\t(a)\tif the person is the principal officer of a State Government agency—the responsible Minister; or\n\t(b)\tif the person is the principal officer of an agency other than a State Government agency—the agency; or\n\t(c)\tif the person is an officer of an agency but not the principal officer of the agency—the principal officer of that agency.\nDivision 2—Reviews by SACAT\n40—Reviews by SACAT\n\t(1)\tAn agency that is aggrieved by a determination made on a review under Division 1 may, with the permission of SACAT, apply for a review under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 of the determination by SACAT.\n\t(1a)\tHowever, the review may only be as to a question of law and that question must be referred to a Presidential member of the Tribunal under section 26 of the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tA person (other than an agency)—\n\t(a)\twho is aggrieved by a determination of an agency following an internal review; or\n\t(b)\twho is aggrieved by a determination that is not subject to internal review; or\n\t(c)\twho is aggrieved by a determination made on a review under Division 1,\nmay apply for a review under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 of the determination by SACAT.\n\t(3)\tProceedings under this section must be commenced by an agency or person within 30 days after notice of the determination to which the proceedings relate is given to the agency or person or, in the case of a person who was not given notice of the determination, within 30 days after the determination.\n\t(4)\tWhere an application for review is made under Division 1, a review by SACAT under this Division cannot be commenced until that application is decided and the commencement of a review by SACAT bars any right to apply for a review under Division 1.\n\t(5)\tThe following are parties to proceedings under this section:\n\t(a)\tthe agency;\n\t(b)\tin the case of a review by SACAT of a determination of an agency following an internal review or a determination made on a review under Division 1—the applicant for the internal review or review under Division 1;\n\t(c)\tin the case of a review by SACAT of a determination that has not been the subject of an internal review or a review under Division 1—the applicant for the determination.\n\t(6)\tThe Ombudsman cannot be a party to proceedings under this section.\n\t(7)\tIf, in proceedings under this section—\n\t(a)\tSACAT is advised that the determination of the agency was made on grounds of the public interest; and\n\t(b)\tthe Minister administering this Act makes known to SACAT the Minister's assessment of what the public interest requires in the circumstances of the case subject to the review,\nSACAT must, in determining the review, uphold that assessment unless satisfied that there are cogent reasons for not doing so.\n\t(8)\tIn proceedings under this section—\n\t(a)\tin the case of proceedings commenced by an agency—SACAT must order that the agency pay the other party's reasonable costs; or\n\t(b)\tin any other case—SACAT must not make an order requiring a party to pay any costs of an agency unless SACAT is satisfied that the party acted unreasonably, frivolously or vexatiously in the bringing or conduct of the proceedings.\n41—Consideration of restricted documents\n\t(1)\tIn any proceedings under this Division in which it is claimed that a document is a restricted document, SACAT must, on the application of—\n\t(a)\tthe agency concerned; or\n\t(b)\tif the agency concerned is a State Government agency—the Minister administering this Act,\nreceive evidence and hear argument in the absence of the public, the other party to the review and, where in the opinion of SACAT it is necessary to do so in order to prevent the disclosure of any exempt matter, the party's representative.\n\t(2)\tIf SACAT is not satisfied, by evidence on affidavit or otherwise, that there are reasonable grounds for the claim, it may require the document to be produced in evidence before it.\n\t(3)\tIf the agency concerned is a State Government agency, the Minister administering this Act is a party to the proceedings, and SACAT must not determine the review unless SACAT has given the Minister a reasonable opportunity to appear and be heard in relation to the matter and has given due weight to any submissions made by or on behalf of the Minister.\n42—Disciplinary actions\nIf, at the completion of any proceedings under this Division, SACAT is of the opinion that there is evidence that a person, being an officer of an agency, has been guilty of a breach of duty or of misconduct in the administration of this Act and that the evidence is, in all the circumstances, of sufficient force to justify it doing so, SACAT may bring the evidence to the notice of—\n\t(a)\tif the person is the principal officer of a State Government agency—the responsible Minister; or\n\t(b)\tif the person is the principal officer of an agency other than a State Government agency—the agency; or\n\t(c)\tif the person is an officer of an agency but not the principal officer of the agency—the principal officer of that agency.\n","sortOrder":7},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"Part 6—Miscellaneous\n47—Service of notices\nA notice that an agency is required by this Act to give to a person—\n\t(a)\tmay be served personally or by means of a letter posted to the person at the person's address last known to the agency; and\n\t(b)\tis, if it is served by means of a letter, to be taken to have been given to the person at the end of the fifth day after the letter was posted.\n48—Burden of proof\nIn any proceedings concerning a determination made under this Act by an agency, the burden of establishing that the determination is justified lies on the agency.\n49—Agency taken to have made determinations\nFor the purposes of any proceedings, a determination under this Act that has been made by an officer of an agency is to be taken to have been made by the agency concerned.\n50—Protection in respect of actions for defamation or breach of confidence\n\t(1)\tIf access to a document is given pursuant to a determination under this Act, and if the person by whom the determination is made honestly believes, when making the determination, that this Act permits or requires the determination to be made—\n\t(a)\tno action for defamation or breach of confidence lies against the Crown, an agency or an officer of an agency, by reason of the making of the determination or the giving of access; and\n\t(b)\tno action for defamation or breach of confidence in respect of any publication involved in, or resulting from, the giving of access lies against the author of the document or any other person by reason of the author or other person having supplied the document to an agency or Minister.\n\t(2)\tNeither the giving of access to a document pursuant to a determination under this Act nor the making of such a determination constitutes, for the purposes of the law relating to defamation or breach of confidence, an authorisation or approval of the publication of the document or its contents by the person to whom access is given.\n51—Protection in respect of certain criminal actions\nIf access to a document is given pursuant to a determination under this Act, and if the person by whom the determination is made honestly believes, when making the determination, that this Act permits or requires the determination to be made, neither the person by whom the determination is made nor any other person concerned in giving access to the document is guilty of an offence merely because of the making of the determination or the giving of access.\n52—Personal liability\nA person acting honestly and in the exercise or purported exercise of functions under this Act incurs no civil or criminal liability in consequence of doing so.\n53—Fees and charges\n\t(1)\tThe fees and charges payable under this Act must be fixed by the regulations or in accordance with a scale fixed in the regulations.\n\t(2)\tThe regulations—\n\t(a)\tmust provide for such waiver, reduction or remission of fees as may be necessary to ensure that disadvantaged persons are not prevented from exercising rights under this Act by reason of financial hardship;\n\t(b)\tmust provide for access to documents by Members of Parliament without charge unless the work generated by the application exceeds a threshold stated in the regulations,\nand (except as provided by this section) the fees or charges must reflect the reasonable administrative costs incurred by agencies in exercising their functions under this Act.\n\t(2aa)\tA fee or charge can only be required by an agency under this Act in respect of the costs to the agency of finding, sorting, compiling and copying documents necessary for the proper exercise of a function under this Act and undertaking any consultations required by this Act in relation to the exercise of that function.\n\t(2a)\tAn agency may, as it thinks fit, waive, reduce or remit a fee or charge in circumstances other than those in which such action is provided for under the regulations.\n\t(3)\tWhere an agency determines a fee or charge it must, at the request of the person required to pay, review the fee or charge and, if it thinks fit, reduce it.\n\t(4)\tA person dissatisfied with the decision of an agency on an application for review of a fee or charge may apply to the Ombudsman for a further review and the Ombudsman may, according to his or her determination of what is fair and reasonable in the circumstances of the particular case—\n\t(a)\twaive, confirm or vary the fee or charge;\n\t(b)\tgive directions as to the time for payment of the fee or charge.\n\t(5)\tA fee or charge may be recovered by an agency as a debt.\n54—Reports to Parliament\n\t(1)\tThe Minister administering this Act must—\n\t(a)\tas soon as practicable after 30 June and in any case before 31 October in each year prepare a report on the administration of this Act for the 12 months ending on 30 June; and\n\t(b)\tcause a copy of the report to be laid before both Houses of Parliament within six sitting days after preparation of the report is completed.\n54AA—Provision of information to Minister\nEach agency must—\n\t(a)\tfurnish to the Minister administering this Act such information as the Minister requires by notice in the Gazette—\n\t(i)\tfor the purpose of monitoring compliance with this Act; and\n\t(ii)\tfor the purpose of preparing a report under section 54; and\n\t(b)\tcomply with any requirements notified by the Minister in the Gazette concerning the furnishing of that information and the keeping of records for the purposes of this section.\n54A—Training to be provided to agencies\nThe Minister administering this Act must, in consultation with the Ombudsman, develop and maintain appropriate training programs to assist agencies in complying with this Act.\n55—Regulations\nThe Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act.\n","sortOrder":8},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Exempt documents","content":"Schedule 1—Exempt documents\nPart 1—Restricted documents\n1—Cabinet documents\n\t(a)\tif it is a document that has been specifically prepared for submission to Cabinet (whether or not it has been so submitted); or\n\t(b)\tif it is a preliminary draft of a document referred to in paragraph (a); or\n\t(c)\tif it is a document that is a copy of or part of, or contains an extract from, a document referred to in paragraph (a) or (b); or\n\t(e)\tif it contains matter the disclosure of which would disclose information concerning any deliberation or decision of Cabinet; or\n\t(f)\tif it is a briefing paper specifically prepared for the use of a Minister in relation to a matter submitted, or proposed to be submitted to Cabinet.\n\t(2)\tA document is not an exempt document by virtue of this clause—\n\t(a)\tif it merely consists of factual or statistical material (including public opinion polling) that does not—\n\t(i)\tdisclose information concerning any deliberation or decision of Cabinet; or\n\t(ii)\trelate directly to a contract or other commercial transaction that is still being negotiated; or\n\t(ab)\tmerely because it was attached to a document described in subclause (1); or\n\t(b)\tif 20 years have passed since the end of the calendar year in which the document came into existence.\n\t(2a)\tA document is not an exempt document by virtue of this clause if—\n\t(a)\tthe document has been submitted to Cabinet by a Minister; and\n\t(b)\ta Minister has certified that Cabinet have approved the document as a document to which access may be given under this Act.\n\t(3)\tIn this clause, a reference to Cabinet includes a reference to a committee of Cabinet and to a subcommittee of a committee of Cabinet.\n2—Executive Council documents\n\t(a)\tif it is a document that has been specifically prepared for submission to the Executive Council (whether or not it has been so submitted); or\n\t(b)\tif it is a preliminary draft of a document referred to in paragraph (a); or\n\t(c)\tif it is a document that is a copy of or part of, or contains an extract from, a document referred to in paragraph (a) or (b); or\n\t(e)\tif it contains matter concerning any deliberation or advice of the Executive Council.\n\t(2)\tA document is not an exempt document by virtue of this clause—\n\t(a)\tif it merely consists of—\n\t(i)\tmatter that appears in an instrument that has been made or approved by the Governor and that has been officially published (either in the Gazette or elsewhere); or\n\t(ii)\tfactual or statistical material that does not disclose information concerning any deliberation or advice of the Executive Council; or\n\t(ab)\tmerely because it was attached to a document described in subclause (1); or\n\t(b)\tif 20 years have passed since the end of the calendar year in which the document came into existence.\n\t(3)\tA document is not an exempt document by virtue of this clause if—\n\t(a)\tthe document has been submitted to Executive Council by a Minister; and\n\t(b)\ta Minister has certified that Executive Council have approved the document as a document to which access may be given under this Act. \n3—Exempt documents communicated by another government\nA document is an exempt document if—\n\t(a)\tit contains information from an intergovernmental communication to the Government of South Australia or a council; and\n\t(b)\tnotice has been received from the relevant Government or council that the information would be protected from disclosure under a corresponding law of the Commonwealth or another State.\n4—Documents affecting law enforcement and public safety\n\t(1)\tA document is an exempt document if it contains matter the disclosure of which could reasonably be expected—\n\t(a)\tto endanger the life or physical safety of any person; or\n\t(b)\tto prejudice the fair trial of any person or the impartial adjudication of any case; or\n\t(c)\tto facilitate the escape from lawful custody of any person.\n\t(2)\tA document is an exempt document if it contains matter the disclosure of which—\n\t(i)\tto prejudice the investigation of any contravention or possible contravention of the law (including any revenue law) whether generally or in a particular case; or\n\t(ii)\tto enable the existence or identity of any confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; or\n\t(iii)\tto prejudice the effectiveness of any lawful method or procedure for preventing, detecting, investigating or dealing with any contravention or possible contravention of the law (including any revenue law); or\n\t(iv)\tto prejudice the maintenance or enforcement of any lawful method or procedure for protecting public safety; or\n\t(v)\tto endanger the security of any building, structure or vehicle; or\n\t(vi)\tto prejudice any system or procedure for the protection of persons or property; and\n\t(3)\tA document is an exempt document if it is a document that was created by the former Bureau of Criminal Intelligence or has been created or is held by the State Intelligence Section of South Australia Police or any authority substituted for that body.\n\t(3a)\tA document is an exempt document if it has been created by South Australia Police and contains information classified by the Commissioner of Police, in accordance with the provisions of any other Act, as criminal intelligence.\n\t(4)\tIn this clause, a reference to the law includes a reference to the law of the Commonwealth, the law of another State and the law of another country.\nPart 2—Documents requiring consultation\n5—Documents affecting inter-governmental or local governmental relations\n\t(a)\tthe disclosure of which—\n\t(i)\tcould reasonably be expected to cause damage to intergovernmental relations; or\n\t(ii)\twould divulge information from a confidential intergovernmental communication; and\n\t(b)\tthe disclosure of which would, on balance, be contrary to the public interest.\n6—Documents affecting personal affairs\n\t(1)\tA document is an exempt document if it contains matter the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead).\n\t(2)\tA document is an exempt document if it contains allegations or suggestions of criminal or other improper conduct on the part of a person (living or dead) the truth of which has not been established by judicial process and the disclosure of which would be unreasonable.\n\t(3)\tA document is not an exempt document by virtue of subclause (1) or (2) merely because it contains information concerning the person by or on whose behalf an application for access to the document is made.\n\t(3a)\tA document is an exempt document if it contains matter—\n\t(a)\tconsisting of information concerning a person who is presently under the age of 18 years or suffering from mental illness, impairment or infirmity or concerning such a person's family or circumstances, or information of any kind furnished by a person who was under that age or suffering from mental illness, impairment or infirmity when the information was furnished; and\n\t(b)\tthe disclosure of which would be unreasonable having regard to the need to protect that person's welfare.\n6A—Exempt electoral records\nA document is an exempt document if it is a record of information about an elector obtained in the course of the administration of the Electoral Act 1985 or the Local Government (Elections) Act 1999; but not recorded on an electoral roll (as defined in that Act).\n7—Documents affecting business affairs\n\t(a)\tif it contains matter the disclosure of which would disclose trade secrets of any agency or any other person; or\n\t(b)\tif it contains matter—\n\t(i)\tconsisting of information (other than trade secrets) that has a commercial value to any agency or any other person; and\n\t(ii)\tthe disclosure of which—\n\t(A)\tcould reasonably be expected to destroy or diminish the commercial value of the information; and\n\t(B)\twould, on balance, be contrary to the public interest; or\n\t(c)\tif it contains matter—\n\t(i)\tconsisting of information (other than trade secrets or information referred to in paragraph (b)) concerning the business, professional, commercial or financial affairs of any agency or any other person; and\n\t(ii)\tthe disclosure of which—\n\t(A)\tcould reasonably be expected to have an adverse effect on those affairs or to prejudice the future supply of such information to the Government or to an agency; and\n\t(B)\twould, on balance, be contrary to the public interest.\n\t(2)\tA document is not an exempt document by virtue of this clause merely because it contains matter concerning the business, professional, commercial or financial affairs of the agency or other person by or on whose behalf an application for access to the document is made.\n\t(3)\tA document is not an exempt document by virtue of this clause if it is a contract entered into by the Crown or an agency after the commencement of this subclause.\n8—Documents affecting the conduct of research\n\t(a)\tthat relates to the purpose or results of research (other than public opinion polling that does not relate directly to a contract or other commercial transaction that is still being negotiated), including research that is yet to be commenced or yet to be completed; and\n\t(b)\tthe disclosure of which—\n\t(i)\tcould reasonably be expected to have an adverse effect on the agency or other person by or on whose behalf the research is being, or is intended to be, carried out; and\n\t(ii)\twould, on balance, be contrary to the public interest.\n\t(2)\tA document is not an exempt document by virtue of this clause merely because it contains matter concerning research that is being, or is intended to be, carried out by the agency or other person by or on whose behalf an application for access to the document is made.\nPart 3—Other documents\n9—Internal working documents\n\t(a)\tthat relates to—\n\t(i)\tany opinion, advice or recommendation that has been obtained, prepared or recorded; or\n\t(ii)\tany consultation or deliberation that has taken place,\nin the course of, or for the purpose of, the decision-making functions of the Government, a Minister or an agency; and\n\t(b)\tthe disclosure of which would, on balance, be contrary to the public interest.\n\t(2)\tA document is not an exempt document by virtue of this clause if it merely consists of—\n\t(a)\tmatter that appears in an agency's policy document; or\n\t(b)\tfactual or statistical material.\n10—Documents subject to legal professional privilege\n\t(1)\tA document is an exempt document if it contains matter that would be privileged from production in legal proceedings on the ground of legal professional privilege.\n\t(2)\tA document is not an exempt document by virtue of this clause merely because it contains matter that appears in an agency's policy document.\n11—Documents relating to judicial functions etc\nA document is an exempt document if it contains matter—\n\t(a)\trelating to the judicial functions of a court or tribunal; or\n\t(b)\tprepared for the purposes of proceedings (including any transcript of the proceedings) that are being heard or are to be heard before a court or tribunal; or\n\t(c)\tprepared by or on behalf of a court or tribunal (including any order or judgment made or given by the court or tribunal) in relation to proceedings that are being heard or have been heard before the court or tribunal.\n12—Documents the subject of secrecy provisions\n\t(1)\tA document is an exempt document if it contains matter the disclosure of which would constitute an offence against an Act.\n\t(2)\tA document is not an exempt document by virtue of this clause unless disclosure of the matter contained in the document, to the person by or on whose behalf an application for access to the document is made, would constitute such an offence.\n13—Documents containing confidential material\n\t(a)\tif it contains matter the disclosure of which would found an action for breach of confidence; or\n\t(b)\tif it contains matter obtained in confidence the disclosure of which—\n\t(i)\tmight reasonably be expected to prejudice the future supply of such information to the Government or to an agency; and\n\t(ii)\twould, on balance, be contrary to the public interest.\n\t(2)\tA document that is a contract entered into by the Crown or an agency after the commencement of this subclause is not an exempt document by virtue of subclause (1) unless—\n\t(a)\tit contains matter the disclosure of which would, under a term of the contract, constitute a breach of the contract or found an action for breach of confidence; and\n\t(b)\tthat term of the contract has been approved by—\n\t(i)\tin the case of a contract entered into by the Crown—a Minister; or\n\t(ii)\tin the case of a contract entered into by a State Government agency—the responsible Minister for the agency; or\n\t(iii)\tin the case of a contract entered into by an agency that is not a State Government agency—the agency.\n\t(3)\tSubject to subclause (4), a Minister may, by instrument in writing, delegate the power to approve a term of a contract under subclause (2) to a specified person or to the holder of a specified office.\n\t(4)\tA delegation under subclause (3) may be made subject to such conditions and restrictions as the Minister thinks fit and specifies in the instrument of delegation.\n\t(5)\tA delegation by a Minister under subclause (3) is revocable at will, and does not derogate from the power of the Minister to act personally in any matter.\n\t(6)\tIf a Minister or agency approves a term of a contract in accordance with subclause (2), the Minister or agency must, as soon as practicable, notify the Minister administering this Act, in writing, of that fact.\n\t(7)\tThe Minister administering this Act must, in a report under section 54, state the number of contracts containing terms approved in accordance with subclause (2) during the period to which the report relates.\n14—Documents affecting the economy of the State\nA document is an exempt document if it contains matter the disclosure of which—\n\t(i)\tto have a substantial adverse effect on the ability of the Government or an agency to manage the economy, or any aspect of the economy, of the State; or\n\t(ii)\tto expose any person or class of persons to an unfair advantage or disadvantage as a result of the premature disclosure of information concerning any proposed action or inaction of the Parliament, the Government or an agency in the course of, or for the purpose of, managing the economy of the State; and\n15—Documents affecting financial or property interests\nA document is an exempt document if it contains matter the disclosure of which—\n\t(a)\tcould reasonably be expected to have a substantial adverse effect on the financial or property interests of the State or an agency; and\n16—Documents concerning operations of agencies\n\t(1)\tA document is an exempt document if it contains matter the disclosure of which—\n\t(i)\tto prejudice the effectiveness of any method or procedure for the conduct of tests, examinations or audits by an agency; or\n\t(ii)\tto prejudice on the attainment of the objects of any test, examination or audit conducted by an agency; or\n\t(iii)\tto have a substantial adverse effect on the management or assessment by an agency of the agency's personnel; or\n\t(iv)\tto have a substantial adverse effect on the effective performance by an agency of the agency's functions; or\n\t(v)\tto have a substantial adverse effect on the conduct of industrial relations by an agency; and\n\t(2)\tA document is an exempt document if—\n\t(a)\tit relates to an agency engaged in commercial activities; and\n\t(b)\tit contains matter the disclosure of which could prejudice the competitiveness of the agency in carrying on those commercial activities.\n17—Documents subject to contempt etc\nA document is an exempt document if it contains matter the public disclosure of which would, but for any immunity of the Crown—\n\t(a)\tconstitute contempt of court; or\n\t(b)\tcontravene any order or direction of a person or body having power to receive evidence on oath; or\n\t(c)\tinfringe the privilege of Parliament.\n18—Documents arising out of companies and securities legislation\nA document is an exempt document if it contains matter that appears in—\n\t(a)\ta document for the purposes of the Ministerial Council for Corporations that has been prepared by, or received by an agency or Minister from, the Commonwealth or another State;\n\t(b)\ta document the disclosure of which would disclose the deliberations or decisions of the Ministerial Council for Corporations, other than a document by which a decision of the Council has been officially published;\n\t(c)\ta document that has been furnished to the Australian Securities and Investments Commission by the Commonwealth, or by this or any other State, and that relates solely to the functions of the Commission in relation to the law of the Commonwealth or the law of this or any other State;\n\t(d)\ta document (other than a document referred to in paragraph (c)) that is held by the Australian Securities and Investments Commission and that relates solely to the exercise of the functions of the Commission under the law of the Commonwealth or the law of this or any other State.\n19—Private documents in public library or archival collections\n\t(a)\tif it has been created otherwise than by an agency; and\n\t(b)\tif it is held in a public library or archival collection subject to a condition imposed by the person or body (not being an agency or Minister) by whom it has been placed in the possession of the library—\n\t(i)\tprohibiting its disclosure to members of the public generally or to certain members of the public; or\n\t(ii)\trestricting its disclosure to certain members of the public.\n\t(2)\tIn this clause a reference to a public library or archival collection includes—\n\t(a)\tState Records;\n\t(b)\ta library that forms part of a university, college of advanced education or college of technical and further education.\n","sortOrder":9},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Exempt agencies","content":"Schedule 2—Exempt agencies\nThe following are exempt agencies:\n\t(e)\tall Royal Commissions;\n\t(ea)\tthe Independent Commissioner Against Corruption;\n\t(eb)\tthe Office for Public Integrity;\n\t(ec)\tthe Commissioner for Children and Young People;\n\t(eca)\tthe Commissioner for Aboriginal Children and Young People;\n\t(ed)\tthe Guardian for Children and Young People;\n\t(ee)\tthe Child Death and Serious Injury Review Committee;\n\t(ef)\tthe Child Development Council;\n\t(f)\tthe Motor Accident Commission in respect of any matter relating to a claim or action under Part 4 of the Motor Vehicles Act 1959;\n\t(g)\tthe Essential Services Commission in relation to—\n\t(i)\tinformation gained under Part 5 of the Independent Industry Regulator Act 1999 that would, if it were gained under Part 5 of the Essential Services Commission Act 2002, be capable of being classified by the Commission as being confidential under section 30(1) of that Act; and\n\t(ii)\tinformation gained under Part 5 of the Essential Services Commission Act 2002 that is classified by the Commission as being confidential under section 30(1) of that Act;\n\t(h)\tthe Auditor-General;\n\t(i)\tthe Attorney-General, in respect of functions related to the enforcement of the criminal law;\n\t(j)\tthe Parole Board;\n\t(ja)\tthe Parole Administrative Review Commissioner;\n\t(k)\tthe Solicitor-General, the Crown Solicitor, the Director of Public Prosecutions and the Commissioner for Victims' Rights;\n\t(ka)\tthe Judicial Conduct Commissioner;\n\t(kb)\ta judicial conduct panel under the Judicial Conduct Commissioner Act 2015;\n\t(l)\tthe Ombudsman;\n\t(la)\tthe Legal Profession Conduct Commissioner;\n\t(m)\tthe Public Trustee, in respect of functions exercised as executor, administrator or trustee;\n\t(n)\tthe South Australian Government Financing Authority, the Local Government Financing Authority and the South Australian Superannuation Fund Investment Trust;\n\t(o)\ta Minister of the Crown in respect of the administration of the former South Australian Development Fund or the Industry Investment Attraction Fund (or a fund substituted for the Industry Investment Attraction Fund);\n\t(p)\tSouth Australia Police in relation to information compiled by—\n\t(i)\tthe former Special Branch; or\n\t(ii)\tthe former Operations Planning and Intelligence Unit; or\n\t(iii)\tthe Operations Intelligence Section (or a body substituted for the Operations Intelligence Section); or\n\t(iv)\tthe Anti-Corruption Branch (or a body substituted for the Anti-Corruption Branch);\n\t(q)\tthe Local Government Association.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Freedom of Information Act 1991\n18.4.1991\n1.1.1992: s 2\n Director of Public Prosecutions Act 1991\n21.11.1991\n6.7.1992 (Gazette 25.6.1992 p1869)\n State Records Act 1997\n20.3.1997\n31.10.1997 (Gazette 4.9.1997 p612)\n Electoral (Miscellaneous) Amendment Act 1997\n27.3.1997\n28.8.1997 (Gazette 28.8.1997 p456)\n Freedom of Information (Public Opinion Polls) Amendment Act 1998\n District Court (Administrative and Disciplinary Division) Amendment Act 2000\n20.4.2000\nSch 1 (cl 15)—1.6.2000 (Gazette 18.5.2000 p2554)\n Freedom of Information (Miscellaneous) Amendment Act 2001\n6.12.2001\n1.7.2002 (Gazette 15.1.2002 p184)\n Coroners Act 2003\n31.7.2003\nSch (cl 13)—1.7.2005 (Gazette 23.6.2005 p1899) \n Freedom of Information (Miscellaneous) Amendment Act 2004\n3.6.2004\n1.1.2005 (Gazette 2.12.2004 p4443)\n Statutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 37 (s 130)—4.9.2006 (Gazette 17.8.2006 p2831)\n Serious and Organised Crime (Control) Act 2008\n15.5.2008\nSch 1 (cl 5)—4.9.2008 (Gazette 4.9.2008 p4227)\n Statutes Amendment (Victims of Crime) Act 2009\n10.12.2009\nPt 5 (s 19)—19.9.2010 (Gazette 16.9.2010 p4868)\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 65 (s 160)—1.2.2010 (Gazette 28.1.2010 p320)\n Independent Commissioner Against Corruption Act 2012\n6.12.2012\nSch 3 (cl 18)—20.12.2012 (Gazette 20.12.2012 p5742); cll 19 & 20—1.9.2013 (Gazette 23.5.2013 p2006)\n Legal Practitioners (Miscellaneous) Amendment Act 2013\n3.10.2013\nSch 2 (cl 2)—1.7.2014 (Gazette 5.6.2014 p2241)\n Statutes Amendment (SACAT) Act 2014\n11.12.2014\nPt 7 (ss 49—63)—11.12.2016 (s 7(5) Acts Interpretation Act 1915)\n Correctional Services (Parole) Amendment Act 2015\n6.8.2015\nSch 1 (cl 1)—11.2.2016 (Gazette 11.2.2016 p450)\n Judicial Conduct Commissioner Act 2015\n5.11.2015\nSch 1 (cl 6)—5.12.2016 (Gazette 29.11.2016 p4525)\n Children and Young People (Oversight and Advocacy Bodies) Act 2016\n27.10.2016\nSch 1 (cl 5)—18.12.2017 (Gazette 5.12.2017 p4840)\n Police Complaints and Discipline Act 2016\n8.12.2016\nSch 1 (cl 8)—19.4.2017 (Gazette 19.4.2017 p1101); cll 9—12—4.9.2017 (Gazette 29.8.2017 p3794)\n Statutes Amendment (Planning, Development and Infrastructure) Act 2017\n28.2.2017\nPt 13 (s 45)—1.7.2019 (Gazette 27.6.2019 p2322)\n Children and Young People (Oversight and Advocacy Bodies) (Commissioner for Aboriginal Children and Young People) Amendment Act 2021\n30.9.2021\nSch 1 (cl 2)—21.10.2021 (Gazette 21.10.2021 p3788)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\ns 3 before substitution by 16/2004\n\ns 3(1)\namended by 61/2001 s 3(a)\ns 3(2)\namended by 61/2001 s 3(a), (b)\ns 3\nsubstituted by 16/2004 s 3\ns 3A\ninserted by 16/2004 s 3\ns 4\n\ns 4(1)\n\naccredited FOI officer\ninserted by 61/2001 s 4(a)\n\namended by 84/2009 s 160(1)\nagency\nsubstituted by 61/2001 s 4(b)\n\namended by 16/2004 s 4(a)\n\namended by 84/2009 s 160(2)\n\namended by 52/2012 Sch 3 cl 19(1)\n\namended by 5/2017 s 45\n1.7.2019\nagency certificate\ninserted by 61/2001 s 4(c)\n\ndeleted by 16/2004 s 4(b)\ncourt\namended by 33/2003 Sch (cl 13)\n1.7.2005\nDistrict Court\nsubstituted by 4/2000 s 9(1) (Sch 1 cl 15(a))\n\ndeleted by 26/2014 s 49(1)\nexempt agency\n(a) deleted by 61/2001 s 4(d)\n\namended by 16/2004 s 4(c), (d)\nexempt document\ninserted by 61/2001 s 4(e)\ngovernment\ninserted by 61/2001 s 4(e)\nMinisterial certificate\ninserted by 61/2001 s 4(f)\n\ndeleted by 16/2004 s 4(e)\npersonal affairs\namended by 16/2004 s 4(f)\nprincipal officer\namended by 61/2001 s 4(g)\nresponsible Minister\namended by 61/2001 s 4(h)\nSACAT\ninserted by 26/2014 s 49(2)\nState Government agency\ninserted by 61/2001 s 4(i)\nState Records\nsubstituted by 8/1997 Sch cl 2(a)\ns 4(2)\namended by 61/2001 s 4(j), (k)\ns 4(6)\ninserted by 52/2012 Sch 3 cl 19(2)\ns 5A\ninserted by 61/2001 s 5\ns 7\namended by 8/1997 Sch cl 2(b)\ns 8\n\ns 8(2)\namended by 8/1997 Sch cl 2(c)\n\namended by 61/2001 s 6\nPt 2\n\ns 9\n\ns 9(1)\nsubstituted by 61/2001 s 7(a)\ns 9(1a)\ninserted by 61/2001 s 7(a)\ns 9(3)\namended by 61/2001 s 7(b), (d), (e)\n\n(b) deleted by 61/2001 s 7(c)\n s 10\n\ns 10(1)\n(b) deleted by 61/2001 s 8(a)\ns 10(4)\ndeleted by 61/2001 s 8(b)\ns 11\namended by 61/2001 s 9\nPt 3\n\ns 14\n\ns 14(1)\nsubstituted by 61/2001 s 10(a)\ns 14(2)\namended by 61/2001 s 10(b)\ns 14A\ninserted by 61/2001 s 11\ns 14A(4)\namended by 26/2014 s 50\ns 17\n\ns 17(6)\namended by 61/2001 s 12\ns 18\n\ns 18(1)\namended by 61/2001 s 13(a)\ns 18(2a)\ninserted by 61/2001 s 13(b)\ns 19\n\ns 19(2)\nsubstituted by 61/2001 s 14\ns 19(2a)\ninserted by 61/2001 s 14\ns 20\n\ns 20(2)\namended by 8/1997 Sch cl 2(d)\ns 20(3)\namended by 61/2001 s 15(a)\n\ndeleted by 16/2004 s 5(a)\ns 20(4)\namended by 61/2001 s 15(b)\n\namended by 16/2004 s 5(b)\ns 21\n\ns 21(1)\namended by 61/2001 s 16(a), (b)\ns 21(1a)\ninserted by 61/2001 s 16(c)\ns 21(3)\namended by 61/2001 s 16(d)\ns 22\n\ns 22(2)\namended by 8/1997 Sch cl 2(e)\ns 22(2a)\ninserted by 8/1997 Sch cl 2(f)\ns 22(3)\namended by 8/1997 Sch cl 2(g)\ns 22(4)\namended by 8/1997 Sch cl 2(h)\ns 23\n\ns 23(2)\namended by 61/2001 s 17\n\namended by 26/2014 s 51\ns 25\n\ns 25(1)\namended by 61/2001 s 18(a)\ns 25(2a)\ninserted by 61/2001 s 18(b)\ns 25(3)\namended by 26/2014 s 52(1), (2)\ns 26\n\ns 26(3)\namended by 26/2014 s 53(1), (2)\ns 27\n\ns 27(3)\namended by 26/2014 s 54(1), (2)\ns 28\n\ns 28(3)\namended by 26/2014 s 55(1), (2)\ns 29\n\ns 29(2)\namended by 61/2001 s 19(a)\ns 29(6)\nsubstituted by 61/2001 s 19(b)\nPt 4\n\ns 32\n\ns 32(1)\nsubstituted by 61/2001 s 20(a)\ns 32(2)\namended by 61/2001 s 20(b)\ns 34\n\ns 34(2)\namended by 61/2001 s 21\ns 36\n\ns 36(2)\namended by 26/2014 s 56\ns 38\n\ns 38(2)\namended by 61/2001 s 22(a)\ns 38(5)\nsubstituted by 61/2001 s 22(b)\nPt 5 before substitution by 16/2004\n\ns 39\n\ns 39(1a)\ninserted by 61/2001 s 23(a)\ns 39(2)\namended by 61/2001 s 23(b)\ns 39(3)\namended by 61/2001 s 23(c)\ns 39(3a)—(3c)\ninserted by 61/2001 s 23(d)\ns 39(4)\namended by 61/2001 s 23(e)\nPt 5 Div 1A\ninserted by 61/2001 s 24\nPt 5 Div 2\nheading amended by 61/2001 s 25\ns 40\n\ns 40(1)\namended by 4/2000 s 9(1) (Sch 1 cl 15(b))\ns 40(2)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 15(c))\ns 41\n\ns 41(1)\namended by 61/2001 s 26\ns 41(2)\namended by 4/2000 s 9(1) (Sch 1 cl 15(d))\ns 42\n\ns 42(1)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 15(e))\ns 42(2)\namended by 4/2000 s 9(1) (Sch 1 cl 15(f))\n\namended by 61/2001 s 27\ns 43\n\ns 43(1)\namended by 4/2000 s 9(1) (Sch 1 cl 15(g))\n\namended by 61/2001 s 28(a)\ns 43(2)\namended by 61/2001 s 28(b)\ns 43(5)—(12)\nsubstituted by 61/2001 s 28(c)\ns 43(13) and (14)\ninserted by 61/2001 s 28(c)\ns 44\namended by 61/2001 s 29\nPt 5\nsubstituted by 16/2004 s 6\nsubstituted by 26/2014 s 57\nPt 5 Div 1\n\nsubstituted by 26/2014 s 58\ns 39\n\ns 39(1)\n\nrelevant review authority\n\nsubstituted by 60/2016 Sch 1 cl 8\n19.4.2017\nPt 5 Div 2\n\nsubstituted by 26/2014 s 59\ns 40\n\ns 40(1)\namended by 17/2006 s 130\n4.9.2006\n\nsubstituted by 26/2014 s 60(1)\ns 40(1a)\ninserted by 26/2014 s 60(1)\ns 40(2)\namended by 26/2014 s 60(2), (4)\ns 40(4)\nsubstituted by 26/2014 s 60(5)\ns 40(5)\namended by 26/2014 s 60(6)\ns 40(6)\n\namended by 60/2016 Sch 1 cl 9\ns 40(7)\namended by 26/2014 s 60(3), (7)\ns 40(8)\namended by 26/2014 s 60(3)\ns 41\n\ns 41(1)\namended by 26/2014 s 61(1), (2)\ns 41(2)\namended by 26/2014 s 61(1)\ns 41(3)\namended by 26/2014 s 61(1)—(3)\ns 42\namended by 26/2014 s 62(1), (2)\nPt 6\n\ns 46\nsubstituted by 61/2001 s 30\n\ndeleted by 16/2004 s 7\ns 53\n\ns 53(2)\namended by 61/2001 s 31(a), (b)\n\namended by 16/2004 s 8(a)\ns 53(2aa)\ninserted by 16/2004 s 8(b)\ns 53(2a)\ninserted by 61/2001 s 31(c)\ns 53(4)\namended by 61/2001 s 31(d)\n\namended by 60/2016 Sch 1 cl 10(1)\ns 53(4a)\ninserted by 61/2001 s 31(e)\n\ndeleted by 60/2016 Sch 1 cl 10(2)\ns 54\n\ns 54(1)\namended by 61/2001 s 32(a)\ns 54(2)\namended by 61/2001 s 32(b)\n\ndeleted by 16/2004 s 9\ns 54(3)\ndeleted by 16/2004 s 9\ns 54AA\ninserted by 16/2004 s 10\ns 54A\ninserted by 61/2001 s 33\n\namended by 60/2016 Sch 1 cl 11\nSch 1\n\ncl 1\n\ncl 1(1)\n(d) deleted by 16/2004 s 11(a)\ncl 1(2)\namended by 8/1997 Sch cl 2(i)\n\namended by 42/1998 s 2(a)\n\namended by 16/2004 s 11(b)\ncl 1(2a)\ninserted by 16/2004 s 11(c)\ncl 2\n\ncl 2(1)\n(d) deleted by 16/2004 s 11(d)\ncl 2(2)\namended by 8/1997 Sch cl 2(j)\n\namended by 16/2004 s 11(e)\ncl 2(3)\ninserted by 16/2004 s 11(f)\ncl 3\nsubstituted by 61/2001 s 34(a)\ncl 4\n\ncl 4(1) and (2)\nsubstituted by 61/2001 s 34(b)\ncl 4(3)\namended by 61/2001 s 34(c)\ncl 4(3a)\ninserted by 13/2008 Sch 1 cl 5\n4.9.2008\ncl 5\n\ncl 5(1)\namended by 61/2001 s 34(d)\ncl 5(2)\ndeleted by 61/2001 s 34(e)\ncl 6\n\ncl 6(2)\namended by 16/2004 s 11(g)\ncl 6(3)\namended by 61/2001 s 34(f)\ncl 6(3a)\ninserted by 61/2001 s 34(g)\ncl 6(4)\ndeleted by 16/2004 s 11(h)\ncl 6A\ninserted by 22/1997 Sch 3 cl 1\n28.8.1997\n\namended by 61/2001 s 34(h)\ncl 7\n\ncl 7(1)\namended by 61/2001 s 34(i), (j)\ncl 7(3)\ninserted by 16/2004 s 11(i)\ncl 13\n\ncl 13(1)\ncl 13 redesignated as cl 13(1) by 16/2004 s 11(j)\ncl 13(2)—(7)\ninserted by 16/2004 s 11(j)\ncl 8\n\ncl 8(1)\namended by 42/1998 s 2(b)\n\namended by 61/2001 s 34(k)\ncl 18\namended by 61/2001 s 34(l), (m)\ncl 19\n\ncl 19(2)\namended by 8/1997 Sch cl 2(k)\nSch 2\namended by 49/1991 Sch 2\n6.7.1992\n\namended by 61/2001 s 35(b)—(d)\n\n(a)—(d) deleted by 61/2001 s 35(a)\n\n(g) deleted by 61/2001 s 35(b)\n\namended by 16/2004 s 12\n\namended by 79/2009 s 19\n19.9.2010\n\namended by 52/2012 Sch 3 cl 20\n\namended by 44/2013 Sch 2 cl 2\n1.7.2014\n\namended by 17/2015 Sch 1 cl 1\n11.2.2016\n\namended by 34/2015 Sch 1 cl 6\n5.12.2016\n\namended by 60/2016 Sch 1 cl 12\n\namended by 48/2016 Sch 1 cl 5\n18.12.2017\n\namended by 35/2021 Sch 1 cl 2\n21.10.2021\nTransitional etc provisions associated with Act or amendments\nFreedom of Information (Public Opinion Polls) Amendment Act 1998\n3—Transitional provision\nThe principal Act as in force immediately before the commencement of this Act applies to a document that came into existence before that commencement as if this Act had not been enacted.\nFreedom of Information (Miscellaneous) Amendment Act 2001\n37—Transitional provisions\n\t(1)\tThe amendments to the principal Act effected by this Act do not apply in relation to an application for access to an agency's documents made before the commencement of this Act.\n\t(2)\tAn information statement or an information summary in force under Part 5A of the Local Government Act 1934 immediately before the repeal of that Part by this Act will continue and have effect under the Freedom of Information Act 1991 as if it had been prepared under that Act.\n\t(3)\tAn application or proceeding commenced under Part 5A of the Local Government Act 1934 that has not been finally determined immediately before the repeal of that Part by this Act may be continued and completed as if that repeal had not been effected.\nFreedom of Information (Miscellaneous) Amendment Act 2004\n13—Transitional provision\n\t(1)\tSubject to subsection (2), an amendment to the principal Act effected by a provision of this Act applies in relation to an application under the principal Act, or review or appeal proceedings relating to an application under the principal Act, if the application or proceedings are determined after the commencement of that provision (whether the application was lodged before or after that commencement).\n\t(2)\tPart 5 of the principal Act, as substituted by section 6 of this Act, only applies in relation to determinations made on applications lodged under Parts 3 and 4 of the principal Act after the commencement of section 6 of this Act.\n\t(3)\tIf, before the commencement of this subsection, a document ceased to be an exempt document under subclause (4) of clause 6 of Schedule 1 of the principal Act (as in force immediately before the commencement of section 11 of this Act) because the period of 30 years referred to in that subclause had expired, the document is, for the purposes of an application under the principal Act, or review or appeal proceedings relating to an application under the principal Act, determined after the commencement of section 11 of this Act, to be taken to have continued to be an exempt document under that clause (whether the application was lodged before or after that commencement).\nStatutes Amendment (SACAT) Act 2014\n63—Transitional provisions\n\t(1)\tIn this section—\nprincipal Act means the Freedom of Information Act 1991;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal.\n\t(2)\tA right of appeal under Part 5 Division 2 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the District Court.\n\t(3)\tNothing in this section affects any proceedings before the District Court commenced before the relevant day.\nHistorical versions\nReprint No 1—6.7.1992\n\nReprint No 2—28.8.1997\n\nReprint No 3—31.10.1997\n\nReprint No 4—27.8.1998\n\nReprint No 5—1.6.2000\n\nReprint No 6—1.7.2002\n\n1.7.2005\n\n4.9.2006\n\n4.9.2008\n\n19.9.2010\n\n1.7.2014\n\n11.2.2016\n\n5.12.2016\n\n19.4.2017\n\n18.12.2017\n\n1.7.2019\n\n","sortOrder":10}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope and mechanics have been amended repeatedly since enactment, altering definitions, procedures and review routes.  Amendments in the source text added accredited FOI officers and training obligations (s4; s54A), introduced time‑extension mechanics (s14A), clarified fees and deposits (s17; s53, including s53(2aa) limiting chargeable items), expanded consultation and exemption provisions in Schedule 1, and reworked external review pathways to include the Ombudsman and SACAT (ss 39, 40; see legislative history).  Schedule 2 lists agencies exempted from the Act and has been updated over time.  These changes have materially adjusted who decides, the available review forums and procedural tools available to agencies (for example, extensions s14A and Ministerial input into public‑interest assessments s39(9); s40(7)), and therefore have changed the operational scope from the Act as originally enacted (see legislative history and the amendments recorded throughout the source)."},"complexity_factors":["Large and detailed exemptions schedule with multiple \"on balance\" public interest tests (Schedule 1 clauses 4, 5, 7, 9, 14, 15, 16)","Multiple procedural layers: application, accredited FOI officer processing, internal review, Ombudsman review, SACAT review (s13; s14; s29; s39; s40)","Discretion vested in agencies and Ministers (extensions s14A; refusals s18; Minister assessments influencing reviews s39(9); s40(7))","Consultation requirements with third parties for certain classes of documents (ss 25–28) increasing operational steps","Fee and deposit regime that requires calculation, notice and potential refunds (s17; s53; s18(4))","Different classes of agencies (State Government agencies, councils, exempt agencies) and special rules for documents held in State Records (s4; s7; Schedule 2)","Numerous cross‑references between Parts and Schedules and frequent use of qualitative standards (\"reasonable\", \"on balance\", \"substantial and unreasonable\")","Special procedural protections for particular document types (deferrals s21; forms of access s22) that increase decision points"],"plain_english_summary":"What this Act does, mechanically\n\n- Establishes a legal right for any person to request access to documents held by most government agencies (s12).  A written application is required, must identify the document, pay any prescribed application fee and provide an Australian address for notices (s13).  Agencies must deal with applications promptly and normally within 30 days (s14) but the principal officer can extend time where searches are large or consultations are required (s14A).\n\n- Sets out how agencies process requests: an accredited FOI officer handles applications (s4; s14), agencies may transfer applications to other agencies that hold or are more closely related to the document (s16), may ask for advance deposits if likely costs exceed the fee (s17), and may refuse or stop dealing with applications that would unreasonably divert resources or are abusive (s18).\n\n- Defines how access is given (inspection, copy, transcript, audiovisual arrangements) and lets applicants request a particular form of access; agencies must comply unless the requested form is impracticable or would unreasonably divert resources (s22).  Agencies must notify applicants in writing of determinations and reasons, including review rights (s23).\n\n- Lists exemptions that permit or require refusal or redaction.  Exempt documents include Cabinet and Executive Council material, law‑enforcement or public‑safety material, personal affairs, commercially valuable business information, internal working documents, legal professional privilege and other classes (Schedule 1, parts 1–3).  Many exemption provisions require an agency to weigh disclosure against the public interest (see e.g. Schedule 1 clauses 4, 5, 7, 9) or to consult affected third parties before disclosing (Part 3 Division 2: ss 25–28).\n\n- Provides amendment rights for individuals: a person given access to a document about their own personal affairs may apply to have agency records corrected if they are incomplete, incorrect, out‑of‑date or misleading (s30–s37).  If records are not amended, applicants can require a notation be added and agencies must disclose that notation on further disclosure (s37).\n\n- Creates internal and external review pathways: an agency internal review is available (s29; s38).  External review may be sought from the Ombudsman (s39) and, in many cases, by application to SACAT (South Australian Civil and Administrative Tribunal) on points of law or where permitted (s40).  The Ombudsman and SACAT have powers to investigate, require agencies to compile documents or consult, and to make determinations (s39; s40).\n\n- Imposes ongoing obligations on agencies: publish an up‑to‑date information statement describing structure, functions, policy documents and how the public can obtain access (s9–s10); provide information to the Minister for monitoring and reporting (s54AA); and agencies must cooperate with the Ombudsman in reviews (s39(7)).  The Minister must report annually on administration of the Act (s54).\n\n- Sets a fees and charges regime: fees are prescribed by regulation and should reflect reasonable administrative costs of locating, sorting, compiling and copying documents and of consultations required by the Act (s53(1), (2aa)).  Regulations must allow waiver or reduction for disadvantaged persons and free access for Members of Parliament unless the work exceeds a regulatory threshold (s53(2)(a)–(b)).  Agencies may request and retain reasonable advance deposits where costs are anticipated (s17; s18(4)).\n\nWho is affected and who decides\n\n- Who may apply: any member of the public, including organisations (s4 definition of \"member of the public\").\n- Who decides initial requests: an agency, through an accredited FOI officer acting for the agency (s4; s14).  The principal officer has specific powers (extend time s14A; instigate or direct determinations in some cases s29(6), s38(5)).\n- Who pays: the applicant normally pays the application fee set by regulation (s13(c); s53), and may be required to pay deposits where agencies estimate higher costs (s17).  Agencies may waive or reduce fees in prescribed circumstances (s53(2)(a); s53(2a)).\n- Who reviews decisions: internal review by the agency (s29; s38), external review by the Ombudsman (s39) and, in many cases, application to SACAT (s40).\n\nWhy the Act says it matters (official purpose) and how that interacts with costs and incentives\n\n- The Act states its objects are to promote openness, accountability and public participation in government while protecting proper restrictions such as privacy and the effective conduct of public affairs (s3(1)–(2)).  It prescribes disclosure mechanisms and parallel exemptions to reflect those aims (s3(2)(a)–(c); Schedule 1).\n\nTesting the official purpose against costs, incentives and trade‑offs (source‑grounded)\n\n- Administrative cost and resource trade‑off: the Act recognises agency resource costs explicitly and gives agencies mechanisms to manage them — time extensions where requests are large or require consultation (s14A), refusal where dealing would substantially divert resources (s18(1)), and advance deposits to cover anticipated costs (s17).  Those provisions create incentives for agencies to estimate and recover costs, and create a compliance cost for applicants who may need to pay deposits (s17(3)–(5)).\n\n- Compliance and reporting burden on agencies: agencies must publish annual information statements and make policy documents available for inspection (s9–s10), provide monitoring information to the Minister (s54AA), and ensure officers receive training developed by the Minister and Ombudsman (s54A).  These are ongoing administrative obligations that require staff time and record‑keeping.\n\n- Bureaucratic discretion and legal tests: many provisions vest judgment in agencies (e.g. whether disclosure would be contrary to the public interest under various Schedule 1 clauses; the exercise of extensions s14A; findings that an application is an abuse s18(2a)).  Where exemptions hinge on \"on balance\" public interest tests (see Schedule 1 clauses 4, 5, 7, 9, 14, 15, 16), agencies and review bodies must apply evaluative judgements rather than bright‑line rules; those judgements create implementation risk (inconsistent application or litigation over standards) and shift costs to review processes (ss 29, 39, 40).\n\n- Effects on private enterprise and contractual freedom: business information and trade secrets held by private parties dealing with government are subject to a consultation requirement before disclosure (s27; Schedule 1 cl7).  The Act therefore protects certain commercially valuable information through exemption and consultation, while still allowing review where public interest considerations apply.  The Act also permits (subject to approval and reporting rules) contract terms that limit disclosure to be treated as confidential only where approved (Schedule 1 cl13(2)–(7)), which affects how agencies may negotiate confidentiality in contracts.\n\n- Privacy and individual choice: the Act treats personal affairs as a protected class (Schedule 1 cl6).  It gives individuals the right to access and seek amendment of records about their personal affairs (s30–s37) while providing consultation and protective mechanisms (s26), including allowing medical practitioner sighting in sensitive cases (s26(4)).\n\n- Concentrated benefits, diffuse costs and capture risk (mechanisms, source‑grounded):\n  - Concentrated benefits: applicants who succeed in access requests gain direct information benefits (s12).  Third parties that have contributed commercially sensitive material receive procedural protections (consultation requirements s27), a targeted statutory benefit.\n  - Diffuse costs: administrative and reporting duties (publishing information statements s9; training s54A; responding to reviews s39) are borne across agencies and ultimately by public resourcing decisions; the Act explicitly recognises that large requests can divert agency resources (s14A; s18(1)).\n  - Capture risk / rent‑seeking mechanism: the Act permits agencies, Ministers and third parties to claim exemptions or to require consultation, and in some cases the Minister’s public‑interest assessment is given weight by review bodies (s39(9); s40(7)).  Those provisions mechanically channel discretion through executive actors and create a formal route for the Minister or affected bodies to influence disclosure outcomes.\n\nImplementation and compliance risks\n\n- Delay and procedural blocking: an agency can extend time (s14A), defer access for documents pending parliamentary presentation or publication (s21), require deposits (s17), and refuse to deal with burdensome or abusive applications (s18).  These mechanisms reduce immediate disclosure but may also delay or prevent access where applicants cannot meet deposit requests or where agencies find applications burdensome.\n\n- Litigation and review load: the Act provides internal and external review pathways (s29; s39; s40).  The Act places the burden on agencies to justify determinations in proceedings (s48), so contested matters (especially where \"on balance\" tests apply) can generate review activity and appeals, increasing administrative and legal costs.\n\nPractical takeaways (plain)\n\n- Anyone can apply in writing to access most government documents (s12–s13).  Expect a 30‑day target, possible extensions, fees and deposits (s14; s14A; s17; s53).\n- Agencies have mandatory publishing and training obligations (s9–s10; s54A) and must consult third parties in specified categories before disclosing (ss 25–28; Schedule 1 clauses 5–8).\n- Many classes of sensitive documents are exempt or require balancing against public interest (Schedule 1); refusals and redactions must be justified in writing with review rights (s23; s29; s39; s40).\n\nKey sections cited: right of access (s12); application form and fee (s13); accredited FOI officer (s4; s14); time limits and extensions (s14; s14A); deposits and fees (s17; s53); refusal grounds and resource diversion (s18); exemptions and consultation (Schedule 1; ss 25–28); amendment of records (ss 30–37); internal review (ss 29, 38); external review (ss 39, 40); agency obligations to publish (ss 9–10) and provide information to the Minister (s54AA)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2526},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"While the Act remains fundamentally an FOI statute, its scope has expanded significantly since 1991. Major amendments in 2001 added 'principles of administration' favouring disclosure and expanded the definition of 'agency' to include more bodies. The 2004 rewrite restructured the entire external review system. The 2014 amendments transferred appellate jurisdiction from the District Court to SACAT, creating a specialised administrative review pathway. Additionally, the list of exempt agencies in Schedule 2 has grown substantially to include bodies like the Independent Commissioner Against Corruption, Commissioner for Children and Young People, and various oversight bodies. The exemption categories in Schedule 1 have also become more detailed, particularly regarding law enforcement intelligence and commercial contracts."},"complexity_factors":["**19 exemption categories** in Schedule 1, most containing multiple sub-clauses, public interest balancing tests, and temporal limitations (e.g., 20-year sunset clauses for Cabinet documents).","**Nested exceptions**: Many exemptions contain 'unless' clauses that create exceptions to the exemptions (e.g., Cabinet documents are exempt unless they are purely factual/statistical).","**Multi-tiered review architecture**: Three distinct review pathways (internal review → Ombudsman → SACAT) with different procedural rules, time limits, and jurisdictional limits (SACAT only hears questions of law for agencies).","**Extensive cross-referencing**: Core operative sections (e.g., sections 20, 25-28) require constant reference to Schedule 1 clauses; Part 3 Division 2 consultation requirements mesh with Schedule 1 Part 2.","**Conditional procedural requirements**: Different rules apply depending on agency type (State Government agency vs council vs Police), document age (pre/post 1987), and whether documents contain third-party personal/business information requiring mandatory consultation.","**27+ defined terms** in section 4, including recursive definitions (e.g., 'agency' excludes 'exempt agency'; 'exempt agency' refers to Schedule 2) and functional definitions (e.g., 'holds a document' includes computer storage).","**Time limit calculations**: Multiple intersecting deadlines (30 days for initial determination, 14 days for internal review, 20 days for extension notices) with deeming provisions (deemed refusal if deadlines missed)."],"plain_english_summary":"**What this law does**\n\nThis is South Australia's **Freedom of Information (FOI) Act**. It gives you a legal right to see documents held by government agencies (including Ministers, government departments, local councils, and many public bodies). It also lets you ask for your personal information to be corrected if it's wrong or outdated.\n\n**Who it affects**\n\n- **Everyone**: Any member of the public can make an FOI request.\n- **Agencies**: Government bodies must process requests, publish information proactively, and follow strict rules about what they can keep secret.\n- **Third parties**: If documents contain your private business details or personal information, the agency must usually ask you before releasing them to someone else.\n\n**How it works**\n\n**1. Getting documents (Part 3)**\n- You can apply in writing to any agency for documents they hold (including electronic records).\n- Agencies have **30 days** to respond (this can be extended in complex cases).\n- They can refuse if the document is **exempt** (see below) or if finding it would cost too much.\n- You can ask for specific formats (e.g., a copy, transcript, or to inspect the original).\n\n**2. Exemptions (Schedule 1)**\nAgencies can refuse access to certain documents, including:\n- **Cabinet and Executive Council** secrets (decisions made at the highest level of government).\n- **Law enforcement** documents that could endanger safety or prejudice investigations.\n- **Personal affairs** of other people (protecting their privacy).\n- **Business secrets** (trade secrets or commercially valuable information).\n- **Internal working documents** (advice and deliberations, unless disclosure is in the public interest).\n- Documents older than **1987** (with some exceptions, such as your own personal information).\n\nMany exemptions require a **\"public interest test\"** — even if a document fits an exemption category, it must still be released if the public interest outweighs the harm.\n\n**3. Correcting your records (Part 4)**\nIf you find that an agency holds incorrect or misleading information about you, you can apply to have it amended or annotated with a note explaining the dispute.\n\n**4. Appeals (Part 5)**\nIf an agency refuses your request:\n- **Internal review**: Ask the agency to review its own decision (14-day timeframe).\n- **Ombudsman**: If still unhappy, ask the Ombudsman to investigate (free).\n- **SACAT**: If there's a legal question, appeal to the South Australian Civil and Administrative Tribunal (this replaces court appeals).\n\n**5. Proactive publication (Part 2)**\nAgencies must publish an **information statement** each year describing what they do, what documents they hold, and how the public can participate in their decisions.\n\n**Why it matters**\n\nThe Act aims to make government more **transparent and accountable** while balancing privacy and public safety. It recognises that people have a right to know how decisions affecting them are made, but also that some information (like police investigations or private medical details) needs protection."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"name":"Freedom of Information Act 1991","slug":"freedom-of-information-act-1991","title_id":"freedom-of-information-act-1991","version_id":35527,"analysis_type":"summary","content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"Whole Act. Six Parts: Preliminary, publication of information, access to documents, amendment of records, review by SACAT, and miscellaneous. Two Schedules: Schedule 1 (exempt documents in three Parts) and Schedule 2 (exempt agencies)."},"complexity_factors":["Three-tier exemption structure in Schedule 1 with different rules for restricted documents vs consultation documents vs other exemptions","Interaction between State FOI Act and Commonwealth FOI Act 1982 where agencies are subject to both","Exempt agency status requires careful checking against Schedule 2 and any applicable regulations"],"plain_english_summary":"The Freedom of Information Act 1991 (SA) gives every person a legally enforceable right to access documents held by South Australian government agencies, including State Government agencies and councils. Section 3 states the Act's objects: to promote openness in government, accountability of Ministers and agencies, and effective public participation in government processes.\n\nThe right of access in section 12 covers any agency document unless it is an exempt document under Schedule 1 or the agency is an exempt agency under Schedule 2. Applications must be in writing and include the prescribed fee, enough information to identify the document, and an Australian address for notices (section 13). Agencies must deal with applications within 30 days.\n\nSchedule 1 lists exempt documents across three categories. Part 1 contains restricted documents (absolute exemptions including Cabinet documents, Executive Council documents, documents received from other governments, and documents affecting law enforcement and public safety). Part 2 covers documents requiring consultation before access decisions (documents affecting inter-governmental relations, personal affairs, business affairs, and research). Part 3 covers other exempt documents including internal working documents, legally privileged documents, documents subject to secrecy provisions, and documents affecting the State's economy or financial interests.\n\nDecisions on access applications may be reviewed internally within 30 days under section 29. External review lies to the South Australian Civil and Administrative Tribunal (SACAT) under Part 5. Documents classified as restricted documents (Part 1 of Schedule 1) receive special protection in SACAT proceedings.\n\nThe Act also provides a right to apply for amendment of personal records held by agencies (Part 4). Agencies and officers acting honestly in exercise of FOI functions are protected from civil and criminal liability under sections 50-52."}},"importantCases":[],"_links":{"self":"/api/acts/freedom-of-information-act-1991","history":"/api/acts/freedom-of-information-act-1991/history","analysis":"/api/acts/freedom-of-information-act-1991/analysis","conflicts":"/api/acts/freedom-of-information-act-1991/conflicts","importantCases":"/api/acts/freedom-of-information-act-1991/important-cases","documents":"/api/acts/freedom-of-information-act-1991/documents"}}