What is Freedom of Information?
are held by these other governments, you will need
Are there any documents that are not
to contact them directly.
The South Australian
Freedom of Information Act
available?
1991 (the FOI Act) gives members of the public a
The FOI Act does not give you the right to seek
While agencies aim to provide access to the
legally enforceable right to access documents,
access to documents in the possession of the
maximum amount of information possible, a number
subject to some restrictions. This right applies to
private sector. This includes organisations that
of exemptions exist to protect certain types of
documents held by Ministers and government
provide a private health service, like your GP.
documents.
departments; statutory and regulatory bodies; public
hospitals; local government councils; and South
The Commonwealth
Privacy Act 1988 applies to
The types of documents that may be exempt include
Australian universities.
most private sector businesses including private
those that:
health service providers and includes some access
•
would lead to an unreasonable disclosure of
What types of documents can I access?
provisions. Further information is available from the
another person’s affairs;
Australian Information Commissioner who can be
The types of documents you can seek access to
contacted on telephone 1300 363 992 or via the
•
are subject to legal professional privilege;
include school records; health and welfare records;
websit
e www.oaic.gov.au.
•
contain trade secrets or information of
police and criminal records; minutes; agendas;
commercial value; or
policy documents; Cabinet documents; research
How do I make an FOI application?
•
would affect law enforcement and public safety.
materials; procedural records.
Before making your request you may wish to talk to
The full list of exemptions can be found in
These documents may come in various forms,
the FOI Officer at the agency which holds the
Schedule 1 to the FOI Act.
including paper-based documents, emails and
documents you would like to access. This can be
computer files; plans; photographs; videos and
done over the phone, by email or in person.
If the document contains some information that can
audio tapes.
Contacting the agency directly can help you clarify
be released and some that cannot the agency may
your request. Call the agency’s general telephone
provide you with a copy of the document with the
Where do I apply?
number and ask to speak to their FOI Officer or
exempt information redacted.
Unit.
To assist you in working out where to submit your
Can I access Cabinet documents?
application, all government departments, councils
If you would like to proceed with making a request
and universities must publish a document called an
for access under the FOI Act the agency can
The Government has a policy to allow you to seek
Information Statement. This document is published
provide you with an application form or you can
access under the FOI Act to Cabinet documents
either on the agency’s website, or in its annual
download one from the State Records SA website at
that are 10 to 20 years or older. This policy is called
report.
www.archives.sa.gov.au.
PC031 - Disclosure or Cabinet Documents 10 Years
If you prefer to write a letter, your letter must:
or Older. You can apply for access to these Cabinet
Included in the Information Statement are
documents by using the Access Cabinet Documents
descriptions of documents that may be already
•
specify that you are making an application
application form also available on the State Records
publicly available for inspection, purchase or free of
under the
Freedom of Information Act 1991;
website at
www.archives.sa.gov.au.
charge. It is not necessary to make an FOI
•
include the $33.50 application fee, unless you
application for access to these documents.
are eligible for a fee waiver;
Cabinet documents older than 20 years can be
•
sought through FOI by using the standard Request
A list of all government departments is available at
include your name and an Australian Postal
for Access form available on the State Records
www.sa.gov.au with links to relevant contact
address;
website
www.archives.sa.gov.au.
information and websites where annual reports are
•
include any information that will enable the
usually published.
agency to identify the documents; and
•
indicate what kind of access you would like, for
If you are looking for documents that concern you
How long will it take?
example, would you like to inspect the
personally, it is generally only agencies that you
documents or would you like a copy.
have dealt with that would hold this information.
Once your application is received, it must be dealt
Similar (but not identical) legislation applies to the
with by a FOI Officer within 30 calendar days. If
All FOI applications must be lodged directly with the
Commonwealth and other State and Territory
necessary this time frame may be extended. If it is
State Government agency, local government council
Governments. If you think the documents you want
necessary to extend the time frame to process your
or South Australian university that holds the
application you will be notified in writing of the new
documents you require access to.
due date and the reason for the extension.
If the agency has not extended the timeframe for
from the State Records website at
dealing with your application and you do not receive
www.archives.sa.gov.au.
a determination within 30 calendar days, the
legislation deems that the agency has refused your
The procedure for making an application to amend a
application. If this is the case you are entitled to
document under the FOI Act is very similar to that
lodge an application for review. For further
for making an application for access.
information you should speak to the FOI Officer in
Prior to making your request you may wish to talk to
the agency that you sent your FOI application to.
someone from the agency that holds the documents
Your Right to
How much does it cost?
you would like to amend.
The fee for making an FOI application is $33.50,
What can I do if I’m unhappy with an
Know
which must be paid when you make your
agency’s decision?
application. Most agencies accept cash, cheque or
money orders. If you would like to pay using a
When the agency has dealt with your application
credit card you will need to contact the agency
you will be advised of the outcome in writing. This
directly.
is called a determination. If the agency has refused
access to some or all of the documents you applied
There may also be additional charges for
for, or refused to amend your personal affairs, the
How to use
processing your application, particularly if you are
determination will explain why.
seeking access to a large number of documents.
You will also be advised about the steps you can
Freedom
All fees and charges will be waived if you hold a
take if you are unhappy with the decision that has
valid concession card. You may be required to
been made. These steps include seeking a review
provide proof by attaching a copy of your
of the determination and, in some cases, appealing
of
concession card to your application.
to the District Court.
If you don’t have a concession card but are
Further Information
otherwise financially disadvantaged you can discuss
Information
this with the FOI Officer. You may qualify to have
State Records South Australia
your fees and charges waived or reduced. You may
Tel:
(08) 8204 8786
in
still be asked to provide proof.
Email:
xxx@xx.xxx.xx
Website:
www.archives.sa.gov.au
South Australia
There is no fee for making an application to:
•
amend your personal records, or
•
make an application for Cabinet documents 10
to 20 years old under the
Disclosure of Cabinet
Documents 10 Years or Older policy.
01/07/2016
What if I believe the agency holds
information about me that is incorrect?
The FOI Act also gives you the right to have
documents concerning your personal affairs
amended if you believe they are incomplete,
incorrect, misleading or out-of-date.
An application form to amend information that
relates to your personal affairs can be downloaded
Document Outline
