What is Freedom of Information?
Governments. If you think the documents you want
All FOI applications must be lodged directly with the
are held by these other governments, you will need
State Government agency, local government council
The South Australian
Freedom of Information Act
to contact them directly.
or South Australian university that holds the
1991 (the FOI Act) gives members of the public a
documents you require access to.
legally enforceable right to access documents,
The FOI Act does not give you the right to seek
subject to some restrictions. This right applies to
access to documents in the possession of the
Are there any documents that are not
documents held by Ministers and government
private sector. This includes organisations that
available?
departments; statutory and regulatory bodies; public
provide a private health service, like your GP.
hospitals; local government councils; and South
While agencies aim to provide access to the
Australian universities.
The Commonwealth
Privacy Act 1988 applies to
maximum amount of information possible, a number
most private sector businesses including private
of exemptions exist to protect certain types of
What types of documents can I access?
health service providers and includes some access
documents.
provisions. Further information is available from the
The types of documents you can seek access to
Australian Information Commissioner who can be
The types of documents that may be exempt include
include school records; health and welfare records;
contacted on telephone 1300 363 992 or via the
those that:
police and criminal records; minutes; agendas;
websit
e www.oaic.gov.au.
would lead to an unreasonable disclosure of
policy documents; Cabinet documents; research
another person’s affairs;
materials; procedural records.
How do I make an FOI application?
are subject to legal professional privilege;
These documents may come in various forms,
Before making your request you may wish to talk to
contain trade secrets or information of
including paper-based documents, emails and
the FOI Officer at the agency which holds the
commercial value; or
computer files; plans; photographs; videos and
documents you would like to access. This can be
would affect law enforcement and public safety.
audio tapes.
done over the phone, by email or in person.
Contacting the agency directly can help you clarify
The full list of exemptions can be found in
Where do I apply?
your request. Cal the agency’s general telephone
Schedule 1 to the FOI Act.
number and ask to speak to their FOI Officer or
To assist you in working out where to submit your
Unit.
If the document contains some information that can
application, all government departments, councils
be released and some that cannot the agency may
and universities must publish a document called an
If you would like to proceed with making a request
provide you with a copy of the document with the
Information Statement. This document is published
for access under the FOI Act the agency can
exempt information redacted.
either on the agency’s website, or in its annual
provide you with an application form or you can
report.
download one from the State Records SA website at
Can I access Cabinet documents?
www.archives.sa.gov.au.
Included in the Information Statement are
The Government has a policy to allow you to seek
If you prefer to write a letter, your letter must:
descriptions of documents that may be already
access under the FOI Act to Cabinet documents
publicly available for inspection, purchase or free of
specify that you are making an application
that are 10 to 20 years or older. This policy is called
charge. It is not necessary to make an FOI
under the
Freedom of Information Act 1991;
PC031 - Disclosure or Cabinet Documents 10 Years
application for access to these documents.
include the $34.25 application fee, unless you
or Older. You can apply for access to these Cabinet
are eligible for a fee waiver;
documents by using the Access Cabinet Documents
A list of all government departments is available at
application form also available on the State Records
www.sa.gov.au with links to relevant contact
include your name and an Australian Postal
website a
t www.archives.sa.gov.au.
information and websites where annual reports are
address;
usually published.
include any information that will enable the
Cabinet documents older than 20 years can be
agency to identify the documents; and
sought through FOI by using the standard Request
If you are looking for documents that concern you
for Access form available on the State Records
indicate what kind of access you would like, for
personally, it is generally only agencies that you
example, would you like to inspect the
website
www.archives.sa.gov.au.
have dealt with that would hold this information.
documents or would you like a copy.
Similar (but not identical) legislation applies to the
Commonwealth and other State and Territory
How long will it take?
What if I believe the agency holds
information about me that is
Once your application is received, it must be dealt
incorrect?
with by a FOI Officer within 30 calendar days. If
The FOI Act also gives you the right to have
necessary this time frame may be extended. If it is
documents concerning your personal affairs
necessary to extend the time frame to process your
amended if you believe they are incomplete,
application you will be notified in writing of the new
incorrect, misleading or out-of-date.
due date and the reason for the extension.
An application form to amend information that
Your Right to
If the agency has not extended the timeframe for
relates to your personal affairs can be downloaded
dealing with your application and you do not receive
from the State Records website at
a determination within 30 calendar days, the
www.archives.sa.gov.au.
Know
legislation deems that the agency has refused your
application. If this is the case you are entitled to
The procedure for making an application to amend a
lodge an application for review. For further
document under the FOI Act is very similar to that
information you should speak to the FOI Officer in
for making an application for access.
the agency that you sent your FOI application to.
Prior to making your request you may wish to talk to
How much does it cost?
someone from the agency that holds the documents
you would like to amend.
How to use
The fee for making an FOI application is $34.25,
which must be paid when you make your
What can I do if I’m unhappy with an
Freedom
application. Most agencies accept cash, cheque or
agency’s decision?
money orders. If you would like to pay using a
credit card you will need to contact the agency
When the agency has dealt with your application
of
directly.
you will be advised of the outcome in writing. This
is called a determination. If the agency has refused
There may also be additional charges for
access to some or all of the documents you applied
processing your application, particularly if you are
for, or refused to amend your personal affairs, the
Information
seeking access to a large number of documents.
determination letter will explain why.
in
All fees and charges will be waived if you hold a
You will also be advised about the steps you can
valid concession card. You may be required to
take to seek a review of the decision that has been
South Australia
provide proof by attaching a copy of your
made.
concession card to your application.
Further Information
If you don’t have a concession card but are
otherwise financially disadvantaged you can discuss
State Records South Australia
this with the FOI Officer. You may qualify to have
Tel:
(08) 8204 8786
your fees and charges waived or reduced. You may
Email:
xxx@xx.xxx.xx
still be asked to provide proof.
Website:
www.archives.sa.gov.au
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
01/07/2017
Documents 10 Years or Older policy.
