{"id":"freedom-of-information-fees-and-charges-regulations-2018","name":"Freedom of Information (Fees and Charges) Regulations 2018","slug":"freedom-of-information-fees-and-charges-regulations-2018","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235579,"registerId":"sa-freedom-of-information-fees-and-charges-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Freedom of Information (Fees and Charges) Regulations 2018","content":"South Australia\nFreedom of Information (Fees and Charges) Regulations 2018\nunder the Freedom of Information Act 1991\n\nContents\n1\tShort title\n3\tInterpretation\n5\tWaiver and remission (section 53(2)(a))\n6\tAccess to documents by Members of Parliament—prescribed threshold (section 53(2)(b))\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Freedom of Information (Fees and Charges) Regulations 2018.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Freedom of Information Act 1991;\nconcession cardholder means a person who is the holder of—\n\t(a)\ta current concession card—\n\t(i)\tissued under an Act or law of the Commonwealth; or\n\t(ii)\tissued by the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Family and Community Services Act 1972,\n(other than a concession card the issue of which is not subject to a means test); or\n\t(b)\ta current student identification card issued to a student of a secondary or tertiary educational institution by that institution that indicates that the student is enrolled on a full‑time basis.\n5—Waiver and remission (section 53(2)(a))\nWhere a person liable to pay a fee or charge to an agency prescribed for the purposes of the Act satisfies the agency—\n\t(a)\tthat the person is a concession card holder; or\n\t(b)\tthat payment of the fee or charge would cause financial hardship to the person,\nthe agency must waive or remit the fee or charge.\nNote—\nNote that section 53(2a) of the Act provides that an agency may, as it thinks fit, waive, reduce or remit a fee or charge in circumstances other than those provided for in this regulation.\n6—Access to documents by Members of Parliament—prescribed threshold (section 53(2)(b))\nA Member of Parliament who applies for access to an agency's documents under the Act is entitled to access to the documents without charge unless the work generated by the application involves fees and charges (calculated in accordance with the fees and charges as prescribed) totalling more than $1 000.\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 these regulations (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.\nLegislation revoked by principal regulations\nThe Freedom of Information (Fees and Charges) Regulations 2018 revoked the following:\nFreedom of Information (Fees and Charges) Regulations 2003\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2018\n192\nGazette 2.8.2018 p2991 \n1.9.2018: r 2\n2019\n92\nGazette 13.6.2019 p1912\n1.7.2019: r 2\n2020\n106\nGazette 4.6.2020 p2920\n1.7.2020: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2019\nr 4\ndeleted by 106/2020 r 4\n1.7.2020\nr 5\nvaried by 106/2020 r 5\n1.7.2020\nr 6\nvaried by 106/2020 r 6\n1.7.2020\nSch 1\nsubstituted by 92/2019 r 4\n1.7.2019\n\ndeleted by 106/2020 r 7\n1.7.2020\nSch 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2019\nHistorical versions\n1.7.2019\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"These 2018 regulations replaced the 2003 Regulations and were subsequently varied (Gazettes 2019 No.92 and 2020 No.106). The core scope—waiver/remission for concession‑card holders or hardship and an MP cost threshold—remains but specific provisions (rr.5–6 and Schedule entries) were varied after commencement, so the operative scope differs from the earlier instrument (see Legislative history)."},"complexity_factors":["Small number of substantive provisions (mainly waiver/remission and MP threshold)","Defined term 'concession cardholder' with multiple subcategories (r3) increases interpretive detail","Mandatory duty on agencies to waive or remit in specified circumstances (r5) reduces discretion but requires factual assessment of hardship","Fixed monetary threshold for MPs ($1,000) is simple but interacts with fee-calculation rules in the Act and other instruments (r6)","Legislative history shows post-enactment variations (2019, 2020) that may require checking consolidated text"],"plain_english_summary":"These regulations say when FOI application fees must be waived or remitted and when Members of Parliament get free access to agency documents. Agencies must waive fees for concession‑card holders or where payment would cause financial hardship; MPs are exempt unless processing costs exceed $1,000 (rr.5–6)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose of prescribing fee waiver circumstances and MP thresholds. The 2020 amendments deleted Schedule 1 (which previously contained detailed fee schedules), but this actually narrowed rather than expanded the scope by removing specific fee amounts and leaving them to be determined elsewhere."},"complexity_factors":["Only 2 substantive operational provisions (regulations 5 and 6)","Minimal cross-referencing (only references to section 53(2)(a) and 53(2)(b) of the parent Act)","Simple conditional logic with only two alternative tests in regulation 5 (concession card OR financial hardship)","Single defined term ('concession cardholder') with straightforward criteria","No nested exceptions or complex procedural requirements","Legislative history section is longer than the operative provisions"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the rules for when people can get fees waived or reduced when requesting government documents under South Australia's Freedom of Information (FOI) laws.\n\n**Who it affects:**\n\n- **Ordinary people** seeking government documents who hold concession cards (like pensioner or healthcare cards) or who would suffer financial hardship from paying fees\n- **Full-time students** with valid student ID cards\n- **Members of Parliament** requesting documents for their parliamentary work\n\n**Key rules:**\n\n- **Fee waivers:** If you're a concession cardholder or paying would cause you financial hardship, the government agency **must** waive or reduce your fees\n- **MPs get special treatment:** Members of Parliament can access documents for free unless the work involved would cost more than **$1,000** in fees\n- **Agencies have flexibility:** Even if you don't qualify under these specific rules, agencies can still choose to reduce or waive fees at their discretion under the main Act\n\n**Why it matters:**\n\nFOI requests can be expensive when agencies charge for staff time spent searching and processing documents. These regulations ensure that vulnerable people (those on low incomes or facing hardship) aren't priced out of accessing government information they're legally entitled to see. The MP provision recognises that parliamentarians need information to hold government to account."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess scope change — the legislative text was not accessible due to a broken URL resulting from a website migration on or around 24 March 2026. No substantive content was returned for analysis."},"complexity_factors":["No actual legislative text was retrievable — the source returned a 404 Page Not Found error","Cannot assess technical complexity, cross-references, definitions, or operative provisions without the text","Score of 1 reflects absence of content to analyse, not simplicity of the underlying law"],"plain_english_summary":"The Freedom of Information (Fees and Charges) Regulations 2018 (SA) sets how much government agencies can charge for FOI requests, when fees may be waived, and what activities (searching, copying, reviewing) can be billed. It affects anyone seeking access to South Australian government information—journalists, researchers, businesses and the public—because it determines the cost and accessibility of transparency rights."}},"importantCases":[],"_links":{"self":"/api/acts/freedom-of-information-fees-and-charges-regulations-2018","history":"/api/acts/freedom-of-information-fees-and-charges-regulations-2018/history","analysis":"/api/acts/freedom-of-information-fees-and-charges-regulations-2018/analysis","conflicts":"/api/acts/freedom-of-information-fees-and-charges-regulations-2018/conflicts","importantCases":"/api/acts/freedom-of-information-fees-and-charges-regulations-2018/important-cases","documents":"/api/acts/freedom-of-information-fees-and-charges-regulations-2018/documents"}}