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Recording GovernmentFreedom of InformationOn This Page
Welcome to FOI in South AustraliaThis area of the State Records of South Australia website provides assistance and general information to help you gain access to government documents using the South Australian Freedom of Information Act, 1991 (FOI Act). In these web pages, you can:
Related Information:
What is Freedom of Information?The Freedom of Information Act, 1991 gives you a legally enforceable right of access (subject to certain restrictions) to documents held by government. The FOI Act allows you to:
It does not apply to private businesses or organisations in South Australia. Separate legislation applies to the Commonwealth government and the governments of the other States and Territories in Australia. State Records of South Australia has produced a pamphlet outlining the information that can be found in this introduction. The pamphlet is called Your Right to Know - How to use Freedom of Information in South Australia Government agencies. State Records' pamphlet called Your Right to Know - How to use Freedom of Information in South Australia.
What are my rights to information?The South Australian Government has developed a Citizens' Rights to Information Charter. This Charter is a declaration by the State Government of South Australia of your rights to access information relating to yourself that may have been collected by the South Australian Government. The South Australian Government has also produced a brochure, Citizens' Rights to Information Brochure, that outlines these rights and how to access information held by the South Australian Government. The Citizens Right to Information Charter commits the Government of South Australia to making information in Government documents and records readily accessible to the citizens of South Australia.
Do I need to use FOI for all Government documents?There are other options for gaining access to government documents besides using the Freedom of Information Act, 1991. It may be useful to contact the agency concerned to find out if you can access the information that you want without making an FOI application. Additional information can be found at How do I find the contact for an agency?.
Whose documents can I access?The Freedom of Information Act, 1991 allows you to seek access to documents in the possession of most South Australian:
Some agencies are exempt from the FOI Act as per Schedule 2 of the Freedom of Information Act, 1991 and the Freedom of Information (Exempt Agency) Regulations, 2008. Remember, the FOI Act gives you a right to request access to documents in the possession of the State Government agencies, Local Councils and Universities. Similar (but not identical) legislation applies to the Commonwealth Government and other State and Territory Governments in Australia. If you think the information you want is held by these other Governments, you will need to contact them directly. Related Information:
What kinds of documents can I access?The Freedom of Information Act, 1991 enables you to apply for access to any document in the possession of a State Government agency, Local Council or University. This includes paper based documents as well as other types of documents including:
The State Government holds many types of documents such as:
For further information about individual agencies and the types of documents they hold you will find an information statement either on the agency's website or published in their Annual Report. Many documents are already publicly available such as annual reports, budget statements, electoral rolls etc. It is not necessary to lodge an FOI application to see these. From 1 October 2009, Cabinet documents may be made available under FOI after just 10 years. More information about how access to these documents can be sought is available under How do I access Cabinet documents. For other types of documents, please contact the agency concerned or view its website for more information.
An agency FOI information statementEvery agency subject to the Freedom of Information Act, 1991 is required to produce an information statement. Information statements include:
The purpose of the information statement is to provide people wanting access to information held by State and Local Government and Universities with a snapshot of the types of documents held by that agency, what that agency does, and how a person can access the information they require. For further details on an individual agency's information statement either visit the agency's website or read their Annual Report.
How do I access Cabinet documents?Cabinet documents older than 20 years can be sought through Freedom of Information (FOI) by applying directly to the relevant agency using the standard Application for Access to Documents form. Older Cabinet documents are transferred to the custody of State Records (although the agency still owns and remains responsible for access to the documents). State Records holds index cards that describe Cabinet submissions. These can be viewed by visiting one of State Records two Research Centres. Depending on the age of the Cabinet document, it may have an open access status meaning you will be able to access it at a State Records Research Centre. If the Cabinet submission is not open, State Records staff will be able to assist you with advice or referral to the appropriate agency. From 1 October 2009 Cabinet documents between 10 and 20 years old can now be accessed under the following policy, Premier and Cabinet Circular 31: Freedom of Information Release of Cabinet Documents under the Ten Year Rule. This policy is known as the Ten Year Rule and covers Cabinet submissions, Cabinet notes and Cabinet agendas created between 10 and 20 years ago that were submitted to Cabinet. A specific Application for Access to Cabinet Documents form has been developed for access to these Cabinet records. For more information about accessing the records of the Cabinet of the South Australian Government please read the following brochure. Brochure on accessing records of the Cabinet of the South Australian Government.
Who has the documents?The information statements will help you decide which agency is most likely to have the documents you want. Another useful source is the listing of SA Government departments and other State Bodies on the Government's website. The Department of the Premier and Cabinet is assigned as the agency to deal with all FOI applications for Cabinet documents which were made between 10 and 20 years ago. For more information, go to this section How do I access Cabinet documents. If you are looking for documents that concern you personally, it is generally only the agencies you have dealt with in the past that would hold this information.
Are there any documents that are not available?While the aim of the FOI Act is to provide access to the maximum amount of information possible, a number of exemptions are necessary to ensure that other people's privacy is not breached or that the proper administration of the Government is not adversely affected. Examples of documents that may be exempt include:
For further information, refer to the Freedom of Information Act, 1991.
Who can help me with my FOI application?All FOI applications must be lodged directly with the State Government agency, Local Council or University that holds the documents to which you are seeking access. All State Government agencies, Local Councils and Universities have an Accredited FOI Officer to process FOI applications. Ringing them before submitting your application can often help you clarify which documents to request. They can also assist you with making your application. For further assistance please contact the agency that holds the documents to which you are seeking access or contact Freedom of Information Enquiries.
How do I find the contact for an agency?Contact details for individual agencies can be obtained through the Government's website or by telephoning Service SA on 13 23 24.
How do I make an FOI application?It is best to discuss your application with the agency concerned prior to lodging a request. They can provide you with an application form, or you can download the Request for Access Form that includes details of the current application fee. If you wish to apply for access to Cabinet documents between 10 and 20 years old, you can download either the electronic or paper copy of the Access to Cabinet Documents Application form. If you prefer to write a letter, your letter must:
This is a form (applicable from 1st July 2011) to request an access to information under the Freedom of Information Act, 1991.
Will I have to pay for an FOI Application?An FOI application for access to documents must be accompanied by the fee as stated in the current application form. However, additional charges may be levied to process your request. Please note that if you hold a concession card, or are otherwise financially disadvantaged, all fees will be waived. Proof will be required. Additionally, there is no fee for making an application to amend your personal records, or to make an application for access to Cabinet documents between 10 and 20 years old. Full details of fees and charges are covered by the Freedom of Information (Fees and Charges) Regulations, 2003.
How long will it take to process my application?Once a State Government agency, Local Council or University has received your written application it has 30 (calendar) days in which to process it. In some cases it may be necessary to extend the time limit for processing your application. The agency will notify you if this is the case. In the event you are dissatisfied with the decision to extend the time limit you have the right to seek an external review. Related Information:
What happens if I am dissatisfied?If a document is deemed to be exempt, a State Government agency, Local Council or a University may decide to deny you access to all or part of that document. If access is refused you will be informed of the reasons why and advised of your appeal rights. This form (applicable from 1st July 2011) is to request a review of the determination to reject a Freedom of Information access application.
Can I amend inaccurate documents about me?Under FOI you may make an application to have documents concerning your personal affairs amended if they are incomplete, incorrect, misleading or out-of-date. You can download the Application for Amendment of Personal Records Form from the link below. This is a form (applicable from 1st July 2011) to request amendment to personal information under the Freedom of Information Act, 1991.
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Your Right to Know (54 KB PDF File)
Access Cabinet documents - Electronic Application (58 KB DOC File)
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