Freedom of Information Act 1991

Every person in South Australia. Section 12 grants the right of access to every person, including corporations and organisations. There is no residency requirement.

Members of Parliament. Section 13(d) requires applications to include an Australian address, and the regulations must provide access to documents by Members of Parliament without charge unless the work exceeds a threshold (section 53(2)(b)).

South Australian government agencies. All agencies within the definition in section 4 must comply with the Act. They must maintain information statements, publish policy documents, deal with applications within 30 days, and comply with SACAT orders.

Councils. Local government councils are included within the agency definition and must comply with access and amendment obligations.

Applicants. People exercising access or amendment rights must follow the application requirements in sections 13 and 31 and pay prescribed fees (unless waived for financial hardship).

30-day time limit. Under section 14(2), agencies must deal with applications as soon as practicable and in any case within 30 days. An agency that fails to determine an application within 30 days is taken to have refused access (section 49).

Publication of information statements. Section 9 requires agencies to publish an information statement setting out their functions, the types of decisions they make and the rights of appeal against them, the categories of documents they hold, and arrangements for public participation in policy formulation.

Publishing policy documents. Under section 10, agencies must make policy documents available for inspection and purchase unless exempt.

Assisting applicants. Section 15 prohibits agencies from refusing to accept an application merely because it does not identify the document sufficiently without first taking steps to help the applicant supply the necessary information.

Consultation before denying access to certain documents. Division 2 of Part 3 (sections 25-28) requires agencies to consult third parties before making access decisions on documents affecting inter-governmental relations, personal affairs, business affairs, or research. This can extend the 30-day period (section 14A).

Internal review response time. Under section 29(5), an agency that fails to determine an internal review application within 14 days is taken to have confirmed the original determination.

Extension of time limit (section 14A). The principal officer may extend the 30-day period if the application involves a large number of documents or requires consultation under Division 2 that cannot be completed within 30 days. The extension is effected by written notice within 20 days and must specify the period, reasons, and review rights.

Edited access (section 22). Where an agency cannot give access to a document without disclosing exempt matter, it may give access to an edited copy with the exempt matter deleted. The agency may refuse if editing is not reasonably practicable.

Deferred access (section 21). An agency may defer access to documents for which immediate access would be unreasonable, for example where the document is about to be published.

Transfer of applications (section 16). An agency may transfer an application to another agency that holds the document or whose functions are more closely related to the document.

SACAT review. Under Part 5, SACAT may review access and amendment decisions. Section 41 restricts SACAT's examination of restricted documents (Part 1 of Schedule 1), providing that the Tribunal may examine a restricted document only to determine whether it is properly classified as restricted.

Fees. Section 53 allows regulations to prescribe fees and charges. Fees must reflect reasonable administrative costs. Waivers must be available for financial hardship, and Members of Parliament have access without charge up to a threshold.

The Act does not create criminal offences for agencies that refuse access. Enforcement is through the review pathway: internal review under section 29, then SACAT review under Part 5, with further appeal on questions of law.

Sections 50-52 protect agencies and officers acting honestly in the exercise of FOI functions from liability for defamation, breach of confidence, and other civil and criminal actions arising from access decisions. This means that an agency that in good faith gives access to a document cannot be sued by third parties for consequential losses.

There are no penalty unit provisions in the Act for failure to comply. The principal sanction for non-compliance is SACAT's power to order disclosure, amendment, or other relief.

Lodging an application. Applications must be in writing, identify the document, include the fee, and specify an Australian address for notices (section 13). They must be lodged at an office of the agency.

Agency decision. Within 30 days (extendable), the agency makes a determination: grant access in whole or in part, defer access, give edited access, refuse access, or transfer the application. The agency must give written notice of the determination, including reasons and review rights (section 23).

Internal review. Section 29 allows the applicant to apply within 30 days of the notice of determination for internal review by the principal officer (or a senior delegate). The agency has 14 days to decide; failure to decide within 14 days is treated as confirmation of the original determination.

SACAT review. After internal review, a person aggrieved by the determination may apply to SACAT under Part 5. Section 40 governs SACAT's review jurisdiction. The burden of proving an exemption lies with the agency (section 48).

Amendment of records. Part 4 allows a person who has been given access to a document containing inaccurate, incomplete, or misleading personal information to apply for amendment under section 31. The agency must respond within 30 days.

Freedom of Information Act 1982 (Cth). The Commonwealth FOI Act applies to Commonwealth agencies. South Australian agencies with Commonwealth functions may be subject to both Acts depending on the nature of the documents. In Rana v AFP [2006] FCAFC 169, the Full Federal Court considered an argument that s 23 of the SA FOI Act was picked up by the Judiciary Act as surrogate federal law applicable to the AFP; the Court rejected that argument, but the case illustrates the interaction between the two regimes.

South Australian Civil and Administrative Tribunal Act 2013 (SA). SACAT's jurisdiction under this Act derives from the SACAT Act. Section 4 of the FOI Act defines SACAT as the South Australian Civil and Administrative Tribunal.

State Records Act 1997 (SA). State Records is referenced in the definitions. The State Records regime governs the retention and disposal of government documents, interacting with the FOI Act's access rights for historical records.

Planning, Development and Infrastructure Act 2016 (SA). Section 4(fa) includes assessment panels appointed under that Act within the definition of agency, extending FOI Act coverage to planning decision-makers.

Privacy Act and State privacy frameworks. The FOI Act's exemption for documents affecting personal affairs (Schedule 1, clause 6) interacts with privacy principles. Before giving access to documents about third parties' personal affairs, agencies must consult the affected persons (section 26).

Cabinet documents are absolutely exempt. Clause 1 of Schedule 1 Part 1 provides that Cabinet documents are restricted documents and therefore absolutely exempt. SACAT cannot order disclosure of Cabinet documents and can only examine them to confirm their classification. This is a hard limit that cannot be overcome regardless of public interest.

The 30-day clock runs from receipt, not a formal acknowledgement. Section 14(2) requires the agency to deal with the application within 30 days after it is received. If the agency does not acknowledge receipt, the applicant should keep evidence of lodgement because the clock starts on the date the agency actually receives the application.

Internal review confirmation by silence. Section 29(5) deems an agency to have confirmed the original determination if it fails to decide an internal review application within 14 days. This means an applicant who receives no response must treat this as a confirmation and proceed to SACAT review within the applicable time limit.

Burden of proof lies with the agency. Section 48 places the burden of proving an exemption on the agency, not the applicant. This is important in SACAT proceedings: an agency that does not adequately explain why a document is exempt risks having the exemption rejected.

Restricted documents in SACAT proceedings. Section 41 limits SACAT's ability to examine restricted documents. Unlike other exempt documents, where SACAT can examine the document and independently assess the exemption, restricted documents are treated with additional caution. This limits the Tribunal's ability to second-guess Cabinet and law enforcement classifications.

Fees may be waived. Section 53(2)(a) requires the regulations to provide for waiver, reduction, or remission of fees for disadvantaged persons to ensure financial hardship does not prevent exercise of FOI rights.

Journalist seeking documents about a government contract. A journalist applies to a State Government agency for documents relating to the agency's procurement of a major IT contract. The agency may claim some documents are exempt as internal working documents (Schedule 1 clause 9) or as documents affecting business affairs of the contractor (clause 7). The agency must consult the contractor before making a decision about clause 7 documents. If the journalist receives a refusal, the journalist can apply for internal review within 30 days and, if still refused, apply to SACAT.

Person seeking access to their own records. A person applies to a government agency for all documents held about them. The agency must respond within 30 days. If the agency refuses access to some documents on the basis of law enforcement exemptions (Schedule 1 clause 4), the person can seek internal review and then SACAT review. At SACAT, the agency bears the burden of proving the exemption applies. If the documents are restricted documents (classified by the Commissioner of Police as criminal intelligence under clause 4(3a)), SACAT's examination is restricted.

Seeking amendment of incorrect medical records. A person who has accessed their health records held by a government hospital discovers an error in their medical history. Under section 30, the person may apply for amendment because the information concerns their personal affairs and is used in connection with the agency's administrative functions. The agency must decide the amendment application within 30 days.