Section 14(1) of the FOI Act requires all FOI applications to be dealt with by an Accredited FOI Officer.
An Accredited FOI Officer is defined in section 4(1) of the FOI Act as:
- the principal officer of an agency, or
- an officer who has completed the approved training and who has been designated by the principal officer as an Accredited FOI Officer of the agency.
In addition, an Accredited FOI Officer must be:
- employed in an executive position or a person that usually reports to an executive (for administrative unit in the Public Sector), or
- an officer with the South Australia Police, or
- employed in a position that usually reports to the principal officer or to their deputy or immediate delegate of the principal officer (for Local Government Councils, Universities and State owned corporations).
Your agency is responsible for the process of designating an Accredited FOI Officer by your principal officer. Your agency type will determine what instrument of designation is used.
An agency may have more than one Accredited FOI Officer.
Designation of an Accredited FOI Officer by a Minister
Under section 4(1) of the FOI Act, a Minister can designate a person in their office to be an Accredited FOI Officer. This person must be employed in a position that usually reports to the Minister, the Minister’s deputy or immediate delegate.
Although a Minister cannot designate a person outside of their office to be their Accredited FOI Officer, they can ask FOI Officers from a relevant portfolio agency to assist with processing their FOI applications.
The Minister, as the principal officer, is responsible for
- extending the time limit of an application under section 14A of the FOI Act
- undertaking internal reviews.
In regard to internal reviews, an officer in the Minister’s office who is independent from the original application and determination, can investigate, summarise and make recommendations regarding the internal review, but the Minister must make the final determination.
While the determination may be signed off by another officer it must be clear that the Minister made the determination and the person signing it is doing so on the Minister’s behalf.
Decisions by an Accredited FOI Officer
An Accredited FOI Officer can exercise a number of discretionary powers when making a decision under the FOI Act.
An Accredited FOI Officer may:
- grant, deny or defer access to a document or documents
- grant partial access by deleting exempt matter from a document or documents
- grant access in another form
- remit an application fee
- impose or remit a charge
- grant or refuse a request to amend a personal record.
An Accredited FOI Officer cannot:
- grant an extension of time for dealing with an application (unless they are also the principal officer of the agency)
- participate in an internal review that involves a determination they made.
Support FOI Officers
Other staff members who are not Accredited FOI Officers may help process FOI applications by clarifying the request with the applicant, searching for documents, photocopying, consulting with third parties and updating FOI reporting requirements.
However, the final determination must be made by an Accredited FOI Officer to be valid under the FOI Act.