FOI FACT SHEET
Request for Access to Documents
Under Section 13 of the Freedom of Information Act 1991
Please read this fact sheet before completing the attached application form
FREEDOM OF INFORMATION
The South Australian
Freedom of Information Act 1991 (FOI Act) gives you a legal right to
request access to any documents held by any ‘agency’ that the FOI Act applies to. An
‘agency’ includes South Australian State Government Agencies, Local Government Councils
and South Australian Universities.
Applications for access to documents must be made in writing in accordance with Section 13
of the FOI Act and be lodged with the agency that holds the documents e.g. if you are seeking
to access police records, you would lodge your application with the South Australia Police.
You can use the attached form to make an application to access documents or the online FOI
application form at
https://www.sa.gov.au/topics/about-sa/government/FOI-application.
Alternatively you
can send a letter or email to the agency that holds the documents.
Requesting Access to Documents
When making an FOI application, you will need to provide enough information to enable the
correct documents to be identified. If you are uncertain, it is recommended that you contact
the relevant agency’s FOI Officer for assistance e.g South Australia Police for police records.
If you are seeking documents relating to your own personal affairs, you may be asked to
provide proof of your identity. If you are seeking access to documents on behalf of another
person relating to their personal affairs, you may be asked to provide written consent signed
by that person.
Access to documents can be provided in different ways, depending on how the information is
stored. The different ways you can access documents include:
inspecting documents
requesting a copy of documents
hearing and viewing audio and video tapes
Advice about how you would like to access the documents should be included in your FOI
application.
How much does a FOI application cost?
There is a
$36.75 FOI application fee that must be paid to the agency that holds the
documents at the time you lodge your application.
Processing charges may also be applicable. The agency will advise you of these charges once
it receives your application and begins processing it.
Generally agencies accept payment by cash, money order or cheque. The online FOI
application form allows for payment by credit card and is available at
https://www.sa.gov.au/topics/about-sa/government/FOI-application.
Further information about fees and charges applicable under the FOI Act can be found in the
Freedom of Information (Fees and Charges) Regulations 2018.
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What if I have a concession card or can’t afford to pay?
If you are the holder of a current concession card, or if you can satisfy the agency that the
payment of the fee or charge would cause financial hardship, the agency must waive or remit
(reduce or refund) the application fee.
If you are a concession cardholder you will need to provide the agency with evidence. For
example you can attach a copy of your concession card to your completed FOI application
form. Alternatively you will need to provide written reasons why the payment of a fee or
charge would cause you financial hardship.
Processing Requests for Access to Documents
After receiving your application, the agency is required to deal with it in accordance with the
requirements of the FOI Act and provide you with a written decision. This is called a Notice
of Determination. The Notice of Determination will include the agency’s decision in relation
to your request and, if access has been refused in full or in part, the reasons why this has
occurred. The agency will advise you of your rights of review and appeal if you are unhappy
with their determination.
In accordance with Premier and Cabinet Circular PC045, where documents are provided as a
result of an FOI application for access to non-personal information, details of the application,
and the documents to which access is given, may be published in the agency’s disclosure log.
A copy of PC045 can be found on the DPC website.
How long will it take?
A request for access will be dealt with as soon as practicable, or within 30 calendar days of it
being received.
In certain circumstances the agency may extend the timeframe for dealing with your
application. The agency will advise you within 20 calendar days if an extension is necessary,
and why.
If the agency has not extended the timeframe for dealing with your application and you do not
receive a determination within 30 calendar days, the legislation deems that the agency has
refused your application. If this is the case, you are entitled to lodge an application for
review. For further information you should speak to the FOI Officer at the agency you lodged
your FOI application with.
Access to documents by Members of Parliament
A Member of the South Australian Parliament who applies for access to a document held by a
State Government Agency, Local Government Council or University is entitled to access the
document without charge unless the work generated by the application involves fees and
charges totalling more than $1,000.
Further information
For questions specifically related to your application, contact the agency that holds the
documents you wish to access, and ask for the agency’s FOI Officer or Unit.
If you want more information about how FOI operates in South Australia, please visit
www.archives.sa.gov.au.
You can also download a free copy of the
Freedom of Information Act 1991 and
Freedom of
Information (Fees and Charges) Regulations 2018 from the South Australian legislation
website a
t www.legislation.sa.gov.au.
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FOI APPLICATION FORM
Request for Access to Documents
Under Section 13 of the Freedom of Information Act 1991
Please read the attached
‘FOI Fact Sheet – Request for Access to Documents’
before completing and lodging your application
Agency Details
Name of the Agency you are seeking to access documents from
:
Details of Applicant
Surname:
Given Names:
Australian Postal Address:
Suburb: Post Code:
Email
(optional):
Contact phone numbers:
Details of documents being requested
(Describe the documents you are seeking to access. If you are applying for access to personal information please provide enough
information to assist with identification of documents, eg date of birth, previous names etc. Attach more pages if you cannot fit all of the
information in this box.)
Do the documents you have described above contain information about your personal affairs?
YES / NO
(cross out whichever does not apply)
Form of Access
(place a tick in the most appropriate boxes) I wish to inspect the documents
Yes
No
I require a copy of the documents
Yes
No
I require access in another form
Yes
No
(If yes please specify below)
Specify other form of access here if applicable, e.g transcript of a recorded document.
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Fees and Charges
An application fee of
$36.75 must be submitted with the completed application form, unless you
are seeking to have the application fee waived. If you are seeking to have the application fee
waived, please attach evidence supporting why it should be waived e.g. attach a copy of your
concession card or other evidence as proof of financial hardship.
In the following section please tick as appropriate
Is the application fee attached?
Yes
No
Application fee is in the form of
Cheque
Cash
Money Order
(Do not send cash through the mail)
Do you require a fee waiver?
Yes
No
Is evidence of the need to
waive fees attached?
Yes
No
(e.g. a copy of your concession card)
If you wish to pay your application fee via credit card you will need to ask the agency you are
applying to if they accept credit card payments.
If no fee is attached and you do not qualify for a waiver, then this application will not be valid
until the fee has been received by the agency.
Applicant's Signature:
Date …... / …... / 20…...
Notes on lodging this FOI application
Now that you have completed all of the information required in this application form, post or deliver it
(along with any required documents e.g. payment or proof of concession for fee waiver) to the agency
that holds the documents you are seeking to access.
Please keep a copy of your application for your own reference.
OFFICE USE ONLY
Received on …... / …... / 20…...
Acknowledgment sent on …... / …... / 20.…..
Determination sent on …../…../ 20……
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