South Australia regulation

Freedom of Information (General) Regulations 2017

In ForceSA

Jurisdiction

South Australia

Collection

regulation

Plain English Summary

2/10 complexity

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.

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Current sections

Direct links to the current provisions in Freedom of Information (General) Regulations 2017.

Freedom of Information (General) Regulations 2017

South Australia Freedom of Information (General) Regulations 2017 under the Freedom of Information Act 1991

Contents 1 Short title 3 Interpretation 3A Prescribed agency 3B Principal officer—South Australian Civil and Administrative Tribunal 3C Principal officers—State First Nations Voice and Local First Nations Voices 4 Prescribed bodies 5 Manner of publishing information statements Legislative history

1—Short title These regulations may be cited as the Freedom of Information (General) Regulations 2017. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Freedom of Information Act 1991. 3A—Prescribed agency In 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: (a) a joint planning board established under the Planning, Development and Infrastructure Act 2016; (b) a subsidiary of a joint planning board established under the Planning, Development and Infrastructure Act 2016. 3B—Principal officer—South Australian Civil and Administrative Tribunal For 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. 3C—Principal officers—State First Nations Voice and Local First Nations Voices (1) For the purposes of the definition of principal officer in section 4(1) of the Act— (a) the joint presiding members of the State First Nations Voice are designated as principal officers of the State First Nations Voice; and (b) the 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. (2) In this regulation— Local First Nations Voice means a Local First Nations Voice established under the First Nations Voice Act 2023; State First Nations Voice means the State First Nations Voice established under the First Nations Voice Act 2023. 4—Prescribed bodies For 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: (a) Flinders University; (b) The University of Adelaide; (c) the University of South Australia; (ca) Adelaide University; (d) a joint planning board or a subsidiary of a joint planning board established under the Planning, Development and Infrastructure Act 2016. 5—Manner of publishing information statements For 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: (a) in the annual report of the agency; (b) on a website maintained by the agency. 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 these regulations (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. Legislation revoked by principal regulations The Freedom of Information (General) Regulations 2017 revoked the following: Freedom of Information (General) Regulations 2002 Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2017 253 Gazette 15.8.2017 p3605 15.8.2017: r 2 2020 10 Gazette 6.2.2020 p223 6.2.2020: r 2 2020 39 Gazette 9.4.2020 p704 9.4.2020: r 2 2023 30 Gazette 11.5.2023 p935 12.5.2023: r 2 2024 93 Gazette 3.10.2024 p3860 3.10.2024: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 6.2.2020 r 3A inserted by 10/2020 r 4 6.2.2020 r 3B inserted by 39/2020 r 4 9.4.2020 r 3C inserted by 30/2023 r 3 12.5.2023 r 4 varied by 10/2020 r 5 6.2.2020

amended by 93/2024 r 3(1), (2) 3.10.2024 Sch 1 omitted under Legislation Revision and Publication Act 2002 6.2.2020 Historical versions 6.2.2020

9.4.2020

12.5.2023

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Freedom of Information (General) Regulations 2017

South Australia Freedom of Information (General) Regulations 2017 under the Freedom of Information Act 1991

1—Short title These regulations may be cited as the Freedom of Information (General) Regulations 2017. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Freedom of Information Act 1991. 3A—Prescribed agency In 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: (a) a joint planning board established under the Planning, Development and Infrastructure Act 2016; (b) a subsidiary of a joint planning board established under the Planning, Development and Infrastructure Act 2016. 3B—Principal officer—South Australian Civil and Administrative Tribunal For 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. 3C—Principal officers—State First Nations Voice and Local First Nations Voices (1) For the purposes of the definition of principal officer in section 4(1) of the Act— (a) the joint presiding members of the State First Nations Voice are designated as principal officers of the State First Nations Voice; and (b) the 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. (2) In this regulation— Local First Nations Voice means a Local First Nations Voice established under the First Nations Voice Act 2023; State First Nations Voice means the State First Nations Voice established under the First Nations Voice Act 2023. 4—Prescribed bodies For 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: (a) Flinders University; (b) The University of Adelaide; (c) the University of South Australia; (ca) Adelaide University; (d) a joint planning board or a subsidiary of a joint planning board established under the Planning, Development and Infrastructure Act 2016. 5—Manner of publishing information statements For 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: (a) in the annual report of the agency; (b) on a website maintained by the agency. 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 these regulations (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 . Legislation revoked by principal regulations The Freedom of Information (General) Regulations 2017 revoked the following: Freedom of Information (General) Regulations 2002 Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2017 253 Gazette 15.8.2017 p3605 15.8.2017: r 2 2020 10 Gazette 6.2.2020 p223 6.2.2020: r 2 2020 39 Gazette 9.4.2020 p704 9.4.2020: r 2 2023 30 Gazette 11.5.2023 p935 12.5.2023: r 2 2024 93 Gazette 3.10.2024 p3860 3.10.2024: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 6.2.2020 r 3A inserted by 10/2020 r 4 6.2.2020 r 3B inserted by 39/2020 r 4 9.4.2020 r 3C inserted by 30/2023 r 3 12.5.2023 r 4 varied by 10/2020 r 5 6.2.2020