State Records has recently updated the Adequate Records Management Standard and South Australian Recordkeeping Metadata Standard and created the Contracting and Official Records Standard.Across-Government Standards for Record Management
To promotes the availability of Freedom of Information (FOI) Induction Training as an on-line module via ERNI, State Records E-Resource Network Initiative.Freedom of Information (ERNI) Induction Training
Notifying agencies that May 2007 version of the guideline for agencies making public access determinations for official records which they control is now available.Public Access Determination Guideline for Agencies
The Freedom of Information Act, 1991 (FOI Act) gives you a legally enforceable right of access (subject to certain restrictions) to documents held by government.
The FOI Act allows you to:
request access to documents in the possession of a State Government Agency, Local Council or University
request the amendment of documents that relate to you which are incomplete, incorrect, out-of-date or misleading
seek a review of a decision made by a State Government Agency, Local Council or University.
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.
This is the pamphlet called Your Right to Know - How to use Freedom of Information in South Australia Government agencies. Your Right to Know (70 KB PDF File)
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' Right 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. Citizens' Rights to Information Charter (580 KB PDF File) A commitment on behalf of the South Australian State Government on a citizen's right to information collected by the South Australian Government. Your rights are explained in a brochure. Citizens' Rights to Information Brochure (417 KB PDF File)
Do I need to use FOI for all Government Documents?
There are other options for gaining access to government documents besides using the FOI Act.
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.
The FOI Act allows you to seek access to documents in the possession of South Australian:
Government Agencies
Statutory Authorities
Boards and Ministers
Local Councils
Universities
Public Hospitals and Health Units
Regulatory Bodies.
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.
The FOI Act 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:
computer files,
plans,
photographs,
videos and
audio tapes.
The State Government holds many types of documents such as:
your school records,
health record,
welfare records,
criminal records,
minutes and agendas,
policy documents
research materials
instruction and procedure manuals.
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, voters' rolls etc. It is not necessary to lodge an FOI application to see these.
Please contact the Agency concerned or view its website for more information.
Who has the documents?
The Information Statements mentioned above will help you decide which Agency is most likely to have the documents you want. Another useful source is the South Australian Government Services Directory, which is available at all public libraries and on the SA Central website.
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:
documents that would lead to an unreasonable disclosure of another person's affairs
documents that contain trade secrets or information of commercial value
documents affecting law enforcement and public safety
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.
General assistance about the FOI process can be sought from the Freedom of Information Unit of State Records.
How do I find the Contact for an Agency?
Contact details for individual agencies can be obtained through the Service SA 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 prefer to write a letter, your letter must:
specify the documents you would like to access and the matter they concern
specify whether the documents contain information about your personal affairs
request the form of access to the document (e.g. do you wish to inspect the document, or do you want a copy?)
include the application fee unless you are lodging an application to amend your personal records or you hold a concession card - proof will be required
be sent directly to the Agency that holds this information.
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.
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.
For further information in relation to external reviews see the link below.
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.
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.
6 attachment(s), that may be accessed from this web page, require the Adobe Reader.
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