SAIn ForceAct
Freedom of Information Act 1991
Sch 2Exempt agencies
Start here
Get a plain-English read of Sch 2
Turn the raw legal text into a practical explanation grounded in Freedom of Information Act 1991.
Schedule 2—Exempt agencies
The following are exempt agencies:
(e) all Royal Commissions;
(ea) the Independent Commissioner Against Corruption;
(eb) the Office for Public Integrity;
(ec) the Commissioner for Children and Young People;
(eca) the Commissioner for Aboriginal Children and Young People;
(ed) the Guardian for Children and Young People;
(ee) the Child Death and Serious Injury Review Committee;
(ef) the Child Development Council;
(f) the Motor Accident Commission in respect of any matter relating to a claim or action under Part 4 of the Motor Vehicles Act 1959;
(g) the Essential Services Commission in relation to—
(i) information 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
(ii) information 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;
(h) the Auditor-General;
(i) the Attorney-General, in respect of functions related to the enforcement of the criminal law;
(j) the Parole Board;
(ja) the Parole Administrative Review Commissioner;
(k) the Solicitor-General, the Crown Solicitor, the Director of Public Prosecutions and the Commissioner for Victims' Rights;
(ka) the Judicial Conduct Commissioner;
(kb) a judicial conduct panel under the Judicial Conduct Commissioner Act 2015;
(l) the Ombudsman;
(la) the Legal Profession Conduct Commissioner;
(m) the Public Trustee, in respect of functions exercised as executor, administrator or trustee;
(n) the South Australian Government Financing Authority, the Local Government Financing Authority and the South Australian Superannuation Fund Investment Trust;
(o) a 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);
(p) South Australia Police in relation to information compiled by—
(i) the former Special Branch; or
(ii) the former Operations Planning and Intelligence Unit; or
(iii) the Operations Intelligence Section (or a body substituted for the Operations Intelligence Section); or
(iv) the Anti-Corruption Branch (or a body substituted for the Anti-Corruption Branch);
(q) the Local Government Association.
Legislative history
Notes
• Please 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.
• Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
• For 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.
Principal Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
Freedom of Information Act 1991
18.4.1991
1.1.1992: s 2
Director of Public Prosecutions Act 1991
21.11.1991
6.7.1992 (Gazette 25.6.1992 p1869)
State Records Act 1997
20.3.1997
31.10.1997 (Gazette 4.9.1997 p612)
Electoral (Miscellaneous) Amendment Act 1997
27.3.1997
28.8.1997 (Gazette 28.8.1997 p456)
Freedom of Information (Public Opinion Polls) Amendment Act 1998
District Court (Administrative and Disciplinary Division) Amendment Act 2000
20.4.2000
Sch 1 (cl 15)—1.6.2000 (Gazette 18.5.2000 p2554)
Freedom of Information (Miscellaneous) Amendment Act 2001
6.12.2001
1.7.2002 (Gazette 15.1.2002 p184)
Coroners Act 2003
31.7.2003
Sch (cl 13)—1.7.2005 (Gazette 23.6.2005 p1899)
Freedom of Information (Miscellaneous) Amendment Act 2004
3.6.2004
1.1.2005 (Gazette 2.12.2004 p4443)
Statutes Amendment (New Rules of Civil Procedure) Act 2006
6.7.2006
Pt 37 (s 130)—4.9.2006 (Gazette 17.8.2006 p2831)
Serious and Organised Crime (Control) Act 2008
15.5.2008
Sch 1 (cl 5)—4.9.2008 (Gazette 4.9.2008 p4227)
Statutes Amendment (Victims of Crime) Act 2009
10.12.2009
Pt 5 (s 19)—19.9.2010 (Gazette 16.9.2010 p4868)
Statutes Amendment (Public Sector Consequential Amendments) Act 2009
10.12.2009
Pt 65 (s 160)—1.2.2010 (Gazette 28.1.2010 p320)
Independent Commissioner Against Corruption Act 2012
6.12.2012
Sch 3 (cl 18)—20.12.2012 (Gazette 20.12.2012 p5742); cll 19 & 20—1.9.2013 (Gazette 23.5.2013 p2006)
Legal Practitioners (Miscellaneous) Amendment Act 2013
3.10.2013
Sch 2 (cl 2)—1.7.2014 (Gazette 5.6.2014 p2241)
Statutes Amendment (SACAT) Act 2014
11.12.2014
Pt 7 (ss 49—63)—11.12.2016 (s 7(5) Acts Interpretation Act 1915)
Correctional Services (Parole) Amendment Act 2015
6.8.2015
Sch 1 (cl 1)—11.2.2016 (Gazette 11.2.2016 p450)
Judicial Conduct Commissioner Act 2015
5.11.2015
Sch 1 (cl 6)—5.12.2016 (Gazette 29.11.2016 p4525)
Children and Young People (Oversight and Advocacy Bodies) Act 2016
27.10.2016
Sch 1 (cl 5)—18.12.2017 (Gazette 5.12.2017 p4840)
Police Complaints and Discipline Act 2016
8.12.2016
Sch 1 (cl 8)—19.4.2017 (Gazette 19.4.2017 p1101); cll 9—12—4.9.2017 (Gazette 29.8.2017 p3794)
Statutes Amendment (Planning, Development and Infrastructure) Act 2017
28.2.2017
Pt 13 (s 45)—1.7.2019 (Gazette 27.6.2019 p2322)
Children and Young People (Oversight and Advocacy Bodies) (Commissioner for Aboriginal Children and Young People) Amendment Act 2021
30.9.2021
Sch 1 (cl 2)—21.10.2021 (Gazette 21.10.2021 p3788)
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Pt 1
s 2
omitted under Legislation Revision and Publication Act 2002
s 3 before substitution by 16/2004
s 3(1)
amended by 61/2001 s 3(a)
s 3(2)
amended by 61/2001 s 3(a), (b)
s 3
substituted by 16/2004 s 3
s 3A
inserted by 16/2004 s 3
s 4
s 4(1)
accredited FOI officer
inserted by 61/2001 s 4(a)
amended by 84/2009 s 160(1)
agency
substituted by 61/2001 s 4(b)
amended by 16/2004 s 4(a)
amended by 84/2009 s 160(2)
amended by 52/2012 Sch 3 cl 19(1)
amended by 5/2017 s 45
1.7.2019
agency certificate
inserted by 61/2001 s 4(c)
deleted by 16/2004 s 4(b)
court
amended by 33/2003 Sch (cl 13)
1.7.2005
District Court
substituted by 4/2000 s 9(1) (Sch 1 cl 15(a))
deleted by 26/2014 s 49(1)
exempt agency
(a) deleted by 61/2001 s 4(d)
amended by 16/2004 s 4(c), (d)
exempt document
inserted by 61/2001 s 4(e)
government
inserted by 61/2001 s 4(e)
Ministerial certificate
inserted by 61/2001 s 4(f)
deleted by 16/2004 s 4(e)
personal affairs
amended by 16/2004 s 4(f)
principal officer
amended by 61/2001 s 4(g)
responsible Minister
amended by 61/2001 s 4(h)
SACAT
inserted by 26/2014 s 49(2)
State Government agency
inserted by 61/2001 s 4(i)
State Records
substituted by 8/1997 Sch cl 2(a)
s 4(2)
amended by 61/2001 s 4(j), (k)
s 4(6)
inserted by 52/2012 Sch 3 cl 19(2)
s 5A
inserted by 61/2001 s 5
s 7
amended by 8/1997 Sch cl 2(b)
s 8
s 8(2)
amended by 8/1997 Sch cl 2(c)
amended by 61/2001 s 6
Pt 2
s 9
s 9(1)
substituted by 61/2001 s 7(a)
s 9(1a)
inserted by 61/2001 s 7(a)
s 9(3)
amended by 61/2001 s 7(b), (d), (e)
(b) deleted by 61/2001 s 7(c)
s 10
s 10(1)
(b) deleted by 61/2001 s 8(a)
s 10(4)
deleted by 61/2001 s 8(b)
s 11
amended by 61/2001 s 9
Pt 3
s 14
s 14(1)
substituted by 61/2001 s 10(a)
s 14(2)
amended by 61/2001 s 10(b)
s 14A
inserted by 61/2001 s 11
s 14A(4)
amended by 26/2014 s 50
s 17
s 17(6)
amended by 61/2001 s 12
s 18
s 18(1)
amended by 61/2001 s 13(a)
s 18(2a)
inserted by 61/2001 s 13(b)
s 19
s 19(2)
substituted by 61/2001 s 14
s 19(2a)
inserted by 61/2001 s 14
s 20
s 20(2)
amended by 8/1997 Sch cl 2(d)
s 20(3)
amended by 61/2001 s 15(a)
deleted by 16/2004 s 5(a)
s 20(4)
amended by 61/2001 s 15(b)
amended by 16/2004 s 5(b)
s 21
s 21(1)
amended by 61/2001 s 16(a), (b)
s 21(1a)
inserted by 61/2001 s 16(c)
s 21(3)
amended by 61/2001 s 16(d)
s 22
s 22(2)
amended by 8/1997 Sch cl 2(e)
s 22(2a)
inserted by 8/1997 Sch cl 2(f)
s 22(3)
amended by 8/1997 Sch cl 2(g)
s 22(4)
amended by 8/1997 Sch cl 2(h)
s 23
s 23(2)
amended by 61/2001 s 17
amended by 26/2014 s 51
s 25
s 25(1)
amended by 61/2001 s 18(a)
s 25(2a)
inserted by 61/2001 s 18(b)
s 25(3)
amended by 26/2014 s 52(1), (2)
s 26
s 26(3)
amended by 26/2014 s 53(1), (2)
s 27
s 27(3)
amended by 26/2014 s 54(1), (2)
s 28
s 28(3)
amended by 26/2014 s 55(1), (2)
s 29
s 29(2)
amended by 61/2001 s 19(a)
s 29(6)
substituted by 61/2001 s 19(b)
Pt 4
s 32
s 32(1)
substituted by 61/2001 s 20(a)
s 32(2)
amended by 61/2001 s 20(b)
s 34
s 34(2)
amended by 61/2001 s 21
s 36
s 36(2)
amended by 26/2014 s 56
s 38
s 38(2)
amended by 61/2001 s 22(a)
s 38(5)
substituted by 61/2001 s 22(b)
Pt 5 before substitution by 16/2004
s 39
s 39(1a)
inserted by 61/2001 s 23(a)
s 39(2)
amended by 61/2001 s 23(b)
s 39(3)
amended by 61/2001 s 23(c)
s 39(3a)—(3c)
inserted by 61/2001 s 23(d)
s 39(4)
amended by 61/2001 s 23(e)
Pt 5 Div 1A
inserted by 61/2001 s 24
Pt 5 Div 2
heading amended by 61/2001 s 25
s 40
s 40(1)
amended by 4/2000 s 9(1) (Sch 1 cl 15(b))
s 40(2)
deleted by 4/2000 s 9(1) (Sch 1 cl 15(c))
s 41
s 41(1)
amended by 61/2001 s 26
s 41(2)
amended by 4/2000 s 9(1) (Sch 1 cl 15(d))
s 42
s 42(1)
deleted by 4/2000 s 9(1) (Sch 1 cl 15(e))
s 42(2)
amended by 4/2000 s 9(1) (Sch 1 cl 15(f))
amended by 61/2001 s 27
s 43
s 43(1)
amended by 4/2000 s 9(1) (Sch 1 cl 15(g))
amended by 61/2001 s 28(a)
s 43(2)
amended by 61/2001 s 28(b)
s 43(5)—(12)
substituted by 61/2001 s 28(c)
s 43(13) and (14)
inserted by 61/2001 s 28(c)
s 44
amended by 61/2001 s 29
Pt 5
substituted by 16/2004 s 6
substituted by 26/2014 s 57
Pt 5 Div 1
substituted by 26/2014 s 58
s 39
s 39(1)
relevant review authority
substituted by 60/2016 Sch 1 cl 8
19.4.2017
Pt 5 Div 2
substituted by 26/2014 s 59
s 40
s 40(1)
amended by 17/2006 s 130
4.9.2006
substituted by 26/2014 s 60(1)
s 40(1a)
inserted by 26/2014 s 60(1)
s 40(2)
amended by 26/2014 s 60(2), (4)
s 40(4)
substituted by 26/2014 s 60(5)
s 40(5)
amended by 26/2014 s 60(6)
s 40(6)
amended by 60/2016 Sch 1 cl 9
s 40(7)
amended by 26/2014 s 60(3), (7)
s 40(8)
amended by 26/2014 s 60(3)
s 41
s 41(1)
amended by 26/2014 s 61(1), (2)
s 41(2)
amended by 26/2014 s 61(1)
s 41(3)
amended by 26/2014 s 61(1)—(3)
s 42
amended by 26/2014 s 62(1), (2)
Pt 6
s 46
substituted by 61/2001 s 30
deleted by 16/2004 s 7
s 53
s 53(2)
amended by 61/2001 s 31(a), (b)
amended by 16/2004 s 8(a)
s 53(2aa)
inserted by 16/2004 s 8(b)
s 53(2a)
inserted by 61/2001 s 31(c)
s 53(4)
amended by 61/2001 s 31(d)
amended by 60/2016 Sch 1 cl 10(1)
s 53(4a)
inserted by 61/2001 s 31(e)
deleted by 60/2016 Sch 1 cl 10(2)
s 54
s 54(1)
amended by 61/2001 s 32(a)
s 54(2)
amended by 61/2001 s 32(b)
deleted by 16/2004 s 9
s 54(3)
deleted by 16/2004 s 9
s 54AA
inserted by 16/2004 s 10
s 54A
inserted by 61/2001 s 33
amended by 60/2016 Sch 1 cl 11
Sch 1
cl 1
cl 1(1)
(d) deleted by 16/2004 s 11(a)
cl 1(2)
amended by 8/1997 Sch cl 2(i)
amended by 42/1998 s 2(a)
amended by 16/2004 s 11(b)
cl 1(2a)
inserted by 16/2004 s 11(c)
cl 2
cl 2(1)
(d) deleted by 16/2004 s 11(d)
cl 2(2)
amended by 8/1997 Sch cl 2(j)
amended by 16/2004 s 11(e)
cl 2(3)
inserted by 16/2004 s 11(f)
cl 3
substituted by 61/2001 s 34(a)
cl 4
cl 4(1) and (2)
substituted by 61/2001 s 34(b)
cl 4(3)
amended by 61/2001 s 34(c)
cl 4(3a)
inserted by 13/2008 Sch 1 cl 5
4.9.2008
cl 5
cl 5(1)
amended by 61/2001 s 34(d)
cl 5(2)
deleted by 61/2001 s 34(e)
cl 6
cl 6(2)
amended by 16/2004 s 11(g)
cl 6(3)
amended by 61/2001 s 34(f)
cl 6(3a)
inserted by 61/2001 s 34(g)
cl 6(4)
deleted by 16/2004 s 11(h)
cl 6A
inserted by 22/1997 Sch 3 cl 1
28.8.1997
amended by 61/2001 s 34(h)
cl 7
cl 7(1)
amended by 61/2001 s 34(i), (j)
cl 7(3)
inserted by 16/2004 s 11(i)
cl 13
cl 13(1)
cl 13 redesignated as cl 13(1) by 16/2004 s 11(j)
cl 13(2)—(7)
inserted by 16/2004 s 11(j)
cl 8
cl 8(1)
amended by 42/1998 s 2(b)
amended by 61/2001 s 34(k)
cl 18
amended by 61/2001 s 34(l), (m)
cl 19
cl 19(2)
amended by 8/1997 Sch cl 2(k)
Sch 2
amended by 49/1991 Sch 2
6.7.1992
amended by 61/2001 s 35(b)—(d)
(a)—(d) deleted by 61/2001 s 35(a)
(g) deleted by 61/2001 s 35(b)
amended by 16/2004 s 12
amended by 79/2009 s 19
19.9.2010
amended by 52/2012 Sch 3 cl 20
amended by 44/2013 Sch 2 cl 2
1.7.2014
amended by 17/2015 Sch 1 cl 1
11.2.2016
amended by 34/2015 Sch 1 cl 6
5.12.2016
amended by 60/2016 Sch 1 cl 12
amended by 48/2016 Sch 1 cl 5
18.12.2017
amended by 35/2021 Sch 1 cl 2
21.10.2021
Transitional etc provisions associated with Act or amendments
Freedom of Information (Public Opinion Polls) Amendment Act 1998
3—Transitional provision
The 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.
Freedom of Information (Miscellaneous) Amendment Act 2001
37—Transitional provisions
(1) The 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.
(2) An 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.
(3) An 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.
Freedom of Information (Miscellaneous) Amendment Act 2004
13—Transitional provision
(1) Subject 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).
(2) Part 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.
(3) If, 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).
Statutes Amendment (SACAT) Act 2014
63—Transitional provisions
(1) In this section—
principal Act means the Freedom of Information Act 1991;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal.
(2) A 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.
(3) Nothing in this section affects any proceedings before the District Court commenced before the relevant day.
Historical versions
Reprint No 1—6.7.1992
Reprint No 2—28.8.1997
Reprint No 3—31.10.1997
Reprint No 4—27.8.1998
Reprint No 5—1.6.2000
Reprint No 6—1.7.2002
1.7.2005
4.9.2006
4.9.2008
19.9.2010
1.7.2014
11.2.2016
5.12.2016
19.4.2017
18.12.2017
1.7.2019