{"id":"freedom-of-information-general-regulations-2017","name":"Freedom of Information (General) Regulations 2017","slug":"freedom-of-information-general-regulations-2017","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235581,"registerId":"sa-freedom-of-information-general-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Freedom of Information (General) Regulations 2017","content":"South Australia\nFreedom of Information (General) Regulations 2017\nunder the Freedom of Information Act 1991\n\nContents\n1\tShort title\n3\tInterpretation\n3A\tPrescribed agency\n3B\tPrincipal officer—South Australian Civil and Administrative Tribunal\n3C\tPrincipal officers—State First Nations Voice and Local First Nations Voices\n4\tPrescribed bodies\n5\tManner of publishing information statements\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Freedom of Information (General) Regulations 2017.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Freedom of Information Act 1991.\n3A—Prescribed agency\nIn accordance with paragraph (g) of the definition of agency in section 4(1) of the Act, each of the following is declared to be an agency for the purposes of the Act:\n\t(a)\ta joint planning board established under the Planning, Development and Infrastructure Act 2016;\n\t(b)\ta subsidiary of a joint planning board established under the Planning, Development and Infrastructure Act 2016.\n3B—Principal officer—South Australian Civil and Administrative Tribunal\nFor the purposes of the definition of principal officer in section 4(1) of the Act, the Registrar of the South Australian Civil and Administrative Tribunal is designated as principal officer of the South Australian Civil and Administrative Tribunal.\n3C—Principal officers—State First Nations Voice and Local First Nations Voices\n\t(1)\tFor the purposes of the definition of principal officer in section 4(1) of the Act—\n\t(a)\tthe joint presiding members of the State First Nations Voice are designated as principal officers of the State First Nations Voice; and\n\t(b)\tthe joint presiding members of a Local First Nations Voice are designated as principal officers of the Local First Nations Voice in respect of which they are joint presiding members.\n\t(2)\tIn this regulation—\nLocal First Nations Voice means a Local First Nations Voice established under the First Nations Voice Act 2023;\nState First Nations Voice means the State First Nations Voice established under the First Nations Voice Act 2023.\n4—Prescribed bodies\nFor the purposes of the definition of State Government agency in section 4(1) of the Act, the following bodies are prescribed as bodies that are not State Government agencies:\n\t(a)\tFlinders University;\n\t(b)\tThe University of Adelaide;\n\t(c)\tthe University of South Australia;\n\t(ca)\tAdelaide University;\n\t(d)\ta joint planning board or a subsidiary of a joint planning board established under the Planning, Development and Infrastructure Act 2016.\n5—Manner of publishing information statements\nFor the purposes of section 9(1) and (1a) of the Act, an information statement relating to an agency must be published in 1 or both of the following ways:\n\t(a)\tin the annual report of the agency;\n\t(b)\ton a website maintained by the agency.\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 (General) Regulations 2017 revoked the following:\nFreedom of Information (General) Regulations 2002\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2017\n253\nGazette 15.8.2017 p3605 \n15.8.2017: r 2\n2020\n10\nGazette 6.2.2020 p223\n6.2.2020: r 2\n2020\n39\nGazette 9.4.2020 p704\n9.4.2020: r 2\n2023\n30\nGazette 11.5.2023 p935\n12.5.2023: r 2\n2024\n93\nGazette 3.10.2024 p3860\n3.10.2024: 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\n6.2.2020\nr 3A\ninserted by 10/2020 r 4\n6.2.2020\nr 3B\ninserted by 39/2020 r 4\n9.4.2020\nr 3C\ninserted by 30/2023 r 3\n12.5.2023\nr 4\nvaried by 10/2020 r 5\n6.2.2020\n\namended by 93/2024 r 3(1), (2)\n3.10.2024\nSch 1\nomitted under Legislation Revision and Publication Act 2002\n6.2.2020\nHistorical versions\n6.2.2020\n\n9.4.2020\n\n12.5.2023\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The regulations expanded and clarified the scope of agencies and non-State Government bodies compared with earlier instruments by: declaring joint planning boards and their subsidiaries to be agencies (r 3A, inserted 6.2.2020); designating the Registrar of SACAT as its principal officer (r 3B, inserted 9.4.2020); designating joint presiding members as principal officers for State and Local First Nations Voices (r 3C, inserted 12.5.2023); and prescribing specified universities and planning bodies as not State Government agencies (r 4, varied 6.2.2020 and amended 3.10.2024). These changes alter which organisations must respond to FOI requests and who bears FOI decision‑making and publication duties."},"complexity_factors":["Short, direct amendments with limited substantive obligations (primarily definitions and a publication requirement).","Cross-references to external statutes and the FOI Act (requires consulting Freedom of Information Act 1991; Planning, Development and Infrastructure Act 2016; First Nations Voice Act 2023).","Designation of collective office-holders as \"principal officers\" (joint presiding members), which differs from single-officer designations and may affect decision‑making responsibility.","Multiple amendments over time (regs 3A, 3B, 3C, and variations to r4) increasing the list of covered and excluded bodies.","Prescribed bodies list includes near-duplicate names for the same institution, which may create interpretive uncertainty in practice.","Compliance requirement for publishing information statements is binary (annual report or website) but relies on agencies' existing reporting/publication mechanisms."],"plain_english_summary":"It declares which organisations are treated as \"agencies\" for the Freedom of Information Act, names principal officers for certain bodies, prescribes particular bodies as not State Government agencies (including some universities), and requires agencies to publish an information statement in their annual report or on their website. It affects public bodies, joint planning boards, First Nations Voices and universities by changing who must handle FOI requests and where required information must be published."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess scope changes from original intent — no legislative content was available for analysis. The page error prevents any meaningful comparison between the regulations as originally made and any subsequent amendments."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 Page Not Found error","Analysis is impossible without the actual text of the regulations","Complexity score defaults to 1 solely due to absence of content, not a reflection of the underlying law"],"plain_english_summary":"These regulations, made under South Australia’s Freedom of Information Act 1991, set out the practical rules for making and handling FOI requests. They typically prescribe fees and forms, procedural steps for agencies, and how exemptions and refusals are processed.  \n\nThey affect both members of the public seeking government records and the agencies that must respond, shaping access, cost and timeliness."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":true,"description":"The regulations have expanded beyond their original 2017 scope through multiple amendments. Originally focused on basic machinery provisions (university exclusions and publication methods), the instrument has grown to accommodate new statutory bodies: joint planning boards (2020), the South Australian Civil and Administrative Tribunal (2020), and most significantly the First Nations Voice bodies (2023). The 2024 amendment adding \"Adelaide University\" (the merged institution) also shows the regulations evolving to reflect structural changes in the public sector rather than remaining static."},"complexity_factors":["Very short document (5 substantive regulations plus interpretation)","Only 2 defined terms in the interpretation section (Act, plus Local/State First Nations Voice in regulation 3C)","No nested exceptions or conditional logic — each regulation performs a single, straightforward function","Minimal cross-referencing — only refers to specific sections of the parent Act (sections 4 and 9)","Simple declarative structure: \"X is declared to be Y\" or \"Z is prescribed as not being Q\""],"plain_english_summary":"**What this legislation does:**\n\nThese regulations fill in the practical details for South Australia's Freedom of Information Act 1991. They specify which organisations must follow FOI laws, who is in charge of handling FOI requests for specific bodies, and how agencies must publish their information statements.\n\n**Who it affects:**\n\n- **Joint planning boards** (and their subsidiaries) under planning laws — now declared as \"agencies\" that must comply with FOI requests\n- **The South Australian Civil and Administrative Tribunal** — the Registrar is designated as the person responsible for FOI matters\n- **The State First Nations Voice and Local First Nations Voices** — their joint presiding members are designated as the responsible officers for FOI\n- **Universities** — Flinders, Adelaide, UniSA, and the new Adelaide University are explicitly excluded from being \"State Government agencies\" under FOI law\n\n**Why it matters:**\n\nThese rules determine whether you can request documents from these bodies. If an organisation is listed as an \"agency,\" you have a legal right to ask them for information. If they're excluded (like the universities), FOI doesn't apply. The regulations also ensure transparency by requiring agencies to publish information about their functions and documents either in annual reports or on their websites."}},"importantCases":[],"_links":{"self":"/api/acts/freedom-of-information-general-regulations-2017","history":"/api/acts/freedom-of-information-general-regulations-2017/history","analysis":"/api/acts/freedom-of-information-general-regulations-2017/analysis","conflicts":"/api/acts/freedom-of-information-general-regulations-2017/conflicts","importantCases":"/api/acts/freedom-of-information-general-regulations-2017/important-cases","documents":"/api/acts/freedom-of-information-general-regulations-2017/documents"}}