Letter to the Attorney-General

Hon Kyam Maher MP
Attorney-General
Minister for Aboriginal Affairs
Minister for Industrial Relations and Public Sector

This annual report will be presented to Parliament to meet the statutory reporting requirements of Freedom of Information Act 1991 (FOI Act) and the requirements of Premier and Cabinet Circular PC013 Annual Reporting.

This is the thirty second freedom of information Annual Report to be tabled in Parliament since the commencement of the FOI Act in January 1992.

This report is verified to be accurate for the purposes of annual reporting to the Parliament of South Australia.

Submitted on behalf of State Records of South Australia on the Administration of the Freedom of Information Act 1991 by:

Stephanie Coleman
Director, State Records

From the Attorney-General

This report provides an overview on the administration of the Freedom of Information Act 1991 (FOI Act) and details FOI application data for the 2022-23 financial year, as reported by agencies subject to the FOI Act.  Agencies include South Australian state and local government agencies and universities.

This year agencies reported receiving 13 702 FOI applications, a 36% increase on the FOI applications received in 2021-22.

Applications for personal information increased by 25% due to applications submitted by lawyers and agents rising by 72%.  In addition, non-personal applications (often more complex and time consuming) doubled as a result of applications submitted by Members of Parliament (MPs) tripling those submitted in 2021-22.  Applications submitted by MPs were the highest since the inception of Premier and Cabinet circular 35 – Proactive Disclosure of Regularly Requested Information (PC035) in 2017.

I thank the agency staff, in particular those designated as Accredited FOI Officers and other FOI support staff, as they continue to assist and serve the community by providing access to government information.

Hon Kyam Maher MP
Attorney-General

Overview: Freedom of Information Act 1991

The objects of the FOI Act include a responsibility to:

  • promote openness in government and accountability of Ministers and other agencies and thereby enhance respect for the law and further good government in South Australia, and
  • facilitate more effective participation by members of the public in the processes involved in the making and administration of laws and policies.

This is achieved by:

  • ensuring that information concerning the operations of government is readily available to members of the public, Members of Parliament and the media
  • conferring on members of the public a legally enforceable right of access to documents held by South Australian state and local government and universities, subject only to such restrictions that are consistent with the public interest and the preservation of personal privacy
  • enabling each member of the public to apply for the amendment of government records concerning their personal affairs if those records are incomplete, incorrect, out-of-date or misleading.

The FOI Act and its subordinate regulations can be accessed via the South Australian legislation website at www.legislation.sa.gov.au.

State Records of South Australia (State Records) is a business unit within the Attorney-General’s Department and has within its remit responsibility for supporting the Minister (the Attorney-General) in the administration of the FOI Act.

This support includes:

  • provision of policy and legislative advice in relation to the operation of the FOI Act
  • development of information sheets and guidelines
  • preparation of the FOI annual report
  • management and support for FOI reporting
  • provision of regular and ad hoc reports to the Minister
  • provision of FOI training and advice to agencies
  • response to public FOI enquiries.

In order to produce the FOI annual report, all agencies subject to the FOI Act are required to make available to State Records statistical information relating to FOI applications and determinations as well as the number of contracts entered into containing approved confidentiality clauses.

Section 4 of the FOI Act defines those agencies that are subject to the FOI Act.  The definition of ‘agency’ is inclusive of most South Australian state government agencies and statutory authorities, local government councils (municipal and district) and universities.

Schedule 2 of the FOI Act and the Freedom of Information (Exempt Agency) Regulations 2008 prescribe those agencies that are exempt from the FOI Act.

Throughout this report a reference to agencies includes all entities subject to the FOI Act across the three sectors, i.e. state government, local government and universities.

Performance

Key objectiveAgency's contribution
Open and Transparent Government
  • Provide access to government information in accordance with the FOI Act
  • Provide training, resources and advice to agencies to enable them to comply with the requirements of the FOI Act

Agency objectiveIndicatorPerformance
FOI advice to agencies and members of the public

Agency staff and the community have access to information and assistance relevant to accessing government information.

546 phone calls and/or email FOI enquiries were responded to by State Records

Publication of guidelines and information sheets to assist FOI officers and the public

Information sheets, brochures and forms are maintained.

FOI related guidelines and information sheets produced can be found on the State Records website at http://archives.sa.gov.au/

Delivery of the online accredited training for FOI officers

Accredited and non-Accredited officer training is available.

102 participants completed the Accredited and non-Accredited Officer training in 2022-23, consistent with the previous year.

Delivery of online FOI education – FOI General Awareness and
FOI Refresher education

Centralised education is available to support FOI officers undertake their roles.

The online FOI General Awareness and FOI Refresher courses were accessed 362 times during the reporting year.

Online submission and payment for FOI applications

An online mechanism is available for the community to lodge and pay for FOI applications.

State government agencies received 5 222 applications through the online FOI Application Form, an increase of 62% compared to 2021-22.

Reporting required under the Act

Freedom of Information Act 1991

Section 54 – Reports to Parliament

    (1)  The Minister administering this Act must –

    1. as soon as practicable after 30 June and in any case before 31 October in each year prepare a report on the administration of this Act for the 12 months ending on 30 June; and
    2. cause a copy of the report to be laid before both Houses of Parliament within six sitting days after preparation of the report is completed.

FOI Act statistical information 2022-23

Pursuant to Section 54AA of the FOI Act, FOI reporting requirements were gazetted on 26 June 2022.  Agencies are required to manage their own FOI statistical information.

State Records has produced a suite of resources and tools to guide agencies management of their reporting requirements.

The data collated by agencies, including the costs incurred by agencies in the administration of the FOI Act, is provided to State Records via an online form at the completion of the reporting period.  The accuracy of the data relies on agencies collating and providing accurate data.

FOI Act statistical information is available in Attachment 1 to this report and on Data.SA.

FOI Statistical Data

The following statistical data has been compiled by State Records of South Australia from information provided by South Australian state and local government agencies and universities bound by the Freedom of Information Act 1991 (FOI Act).

FOI data sets for prior financial years can also be found at Data.SA, and in past FOI annual reports on the State Records website.

TABLE 1    Applications received in 2022-23

Application

State

Local

University

All Sectors

22-23

21-22

22-23

21-22

22-23

21-22

22-23

21-22

Personal

10 487

8 358

148

131

19

20

10 654

8 509

Non-Personal

2 671

1 216

372

320

5

12

3 048

1 548

Total

13 158

9 574

520

451

24

32

13 702

10 057

TABLE 2   Applications received by applicant type

Applicant type

State

Local

University

All sectors

22-23

21-22

22-23

21-22

22-23

21-22

22-23

21-22

Member of the Public

5 758

5 196

410

314

22

9

6 190

5 519

Lawyer / Agent

5 222

3 012

70

62

1

2

5 293

3 076

Member of Parliament

2 067

556

37

34

0

0

2 104

590

Other*

-

695

-

30

-

21

-

746

Media

111

122

3

4

1

0

115

126

*  The applicant type “Other” was removed as an option in 2022-23.

A graph showing the differences between applicant applications per application type

TABLE 3   Response times 2022-23

Time

State

Local

University

All Sectors

Within timeframe (not extended)

7 487

403

17

7 907

Within timeframe (extended)

471

59

4

534

Outside of timeframe (deemed refusal)

4 130

29

0

4 159

* In previous years response times were reported as 0-15 days, 15-30 days or +30 days.

Image showing the difference in response times between sectors

TABLE 4  Formal extensions of time

Extension reason

State

Local

University

All Sectors

2022-23

All Sectors

2021-22

Section 14(1)(a) – searching

432

28

3

463

615

Section 14(1)(b) – consultation

117

36

2

155

91

Total

549

64

5

618

706

TABLE 5   Outcomes of applications

Sector

Full Release

Partial Release

Refused

22-23

21-22

22-23

21-22

22-23

21-22

PERSONAL APPLICATIONS

State

3 922

3 621

4 054

3 268

814

958

Local

80

42

61

53

15

21

Universities

2

2

13

16

1

2

All Sectors

4 004

3 665

4 128

3 337

830

981

NON-PERSONAL APPLICATIONS

State

451

314

729

382

682

409

Local

100

104

135

123

35

67

Universities

2

2

3

9

0

0

All Sectors

553

420

867

514

717

476

Graph showing the difference in outcomes for personal and non-personal applications

TABLE 6   Outcomes of applications (cont.)

Outcome

State

Local

University

All Sectors
2022-23

Transferred

261

3

0

264

Withdrawn/closed

1 175

62

0

1 237

Total

1 436

65

0

1 501

TABLE 7 Reasons for rejecting or refusing access

REJECTING

State

Local

Uni

Total
2022-23

Total
2021-22

Section 20(1)(b)(c)(d) – Documents otherwise available *

128

37

0

165

82

Document does not exist/lost

661

32

0

693

493

REFUSING

Section 15 - Application incomplete/wrongly directed*

49

2

0

51

21

Section 18(1) - Unreasonable diversion of an agency’s resources *

108

7

1

116

50

Section 18(2(a)) - Abuse of right of access *

72

6

0

78

36

Section 18(3) - Fees not paid

140

5

0

145

82

Section 19(2) - Deemed refusal - over 30 days to respond

220

0

0

220

194

Section 20(1) - Exempt *

3 205

92

13

3 310

4 062

Exempt agency

55

1

0

56

18

* The number of applications where the reason for rejection/refusal has been applied.

TABLE 8   Exemptions

Most commonly applied exemptions

2022-23

2021-22

Clause 1&2 – Cabinet and/or Executive Council documents

132

45

Clause 4 – documents affecting law enforcement and public safety

517

759

Clause 6 – documents affecting personal affairs

3 140

3 109

Clause 7 – documents affecting business affairs

225

203

Clause 9 – internal working documents

392

494

Clause 10 – documents subject to legal professional privilege

98

119

Clause 11 – documents relating to judicial functions

137

173

Clause 12 – documents the subject of secrecy provisions

455

640

Clause 13 – documents containing confidential material

298

391

Clause 16 – documents concerning the operations of agencies

351

306

TABLE 9 Amendment applications

Outcome

2022-23

2021-22

New applications

76

94

TABLE 10 Outcome of amendment applications

Outcome

2022-23

2021-22

Amendment in full

9

19

Partial amendment

6

5

Notation added

13

2

Amendment refused

36

60

Withdrawn/closed*

10

-

Total

74

86

* Amendment applications that were withdrawn or closed were not reported in 2021-22

TABLE 11 Amendment application response times

Time

2022-23

Within timeframe

55

Outside of timeframe

19

TABLE 12 Contracts reported with approved confidentiality clauses

Sector

2022-23

2021-22

State Government

129

49

Local Government

76

78

Universities

2

2

Total

207

129

TABLE 13 Applications for review received

Applications reviewed  

2022-23

2021-22

Internal review

524

202

External review - Ombudsman

322

377

External review - South Australian Civil and Administrative Tribunal

24

40

Total

870

619

TABLE 14 Outcome of internal review applications

Outcome

2022-23*

2021-22*

Decision confirmed

179

142

Decision varied

157

75

Decision reversed

12

28

* Internal Review application outcomes include applications carried over from the previous reporting year

TABLE 15 Cabinet docs 10 years otr older - requests for access

Requests

2022-23

2021-22

2020-21

By MPs

7

0

42

By Public

14

24

119

By Media

0

26

20

By Lawyer/Agent

10

-

-

Total

31

50

181

TABLE 16 Cabinet docs 10 years or older – access determinations

Determination

2022-23

2021-22

2019-20

Released in full

31

45

103

Released in part

9

27

70

Refused in full

1

7

4

Withdrawn

1

1

0

Total

42

80

177

TABLE 17 Overall cost of administering FOI

Cost category

2022-23 $

2021-22 $

2020-21 $

Salary

$11 275 051*

$14 163 431

$16 030 262

Other expenses

$273 020

$521 583

$703 470

Total

$11 548 071

$14 685 014

$16 733 732

TABLE 18 Staffing

Sector

Number of staff

Full-time equivalent

22-23

21-22

22-23

21-22

State Government

248

1 116

101.7

126.4

Local Government

124

170

14.8

18.9

Universities

22

46

1.1

3.3

Total

394*

1 332

117.6*

148.6

* As part of a review of FOI annual reporting requirements, the staff included in the cost of administering the FOI Act was simplified to give a more accurate representation. The cost and staffing figures above now only include staff involved in the processing and/or management of FOI applications.  

This year staff requested to search for documents were not included in this data.  Including them created the potential for the number of staff to be disproportionate to the amount of time spent processing FOI applications.

TABLE 19 Application and processing fees assessed versus collected

Sector

2022-23

2021-22**

2020-21**

ASSESSED*

State Government

$384 749

-

-

Local Government

$44 009

-

-

Universities

$1 709

-

-

Total

$430 467

-

-

COLLECTED

State Government

$372 811

$301 648

$322 028

Local Government

$18 378

$24 150

$31 979

Universities

$1 127

$649

$898

Total

$392 316

$326 447

$354 905

* Assessed fees and charges is defined in the FOI Annual Reporting Guideline as: Aggregation of all access application fees and charges that could be levied. Excludes exempt fees and charges ie application fees for concession card holders and MPs.

** Assessed fees and charges were not reported prior to 2022-23.

TABLE 20 Applications still open as at 30 June 2023

Sector

Within 30 day timeframe

Outside 30 day timeframe

Total

State Government

780

845

1 625

Local Government

41

1

42

Universities

4

0

4

Total

825

846

1 671

TABLE 21 Overdue applications still open as at 30 June 2023

Sector

Personal

Non-Personal

Total

State Government

609

236

845

Local Government

0

1

1

Universities

0

0

0

Total

609

237

846

AgencyPersonalNon-personalTotal

Attorney-General; Aboriginal Affairs; Industrial Relations and Public Sector

285

202

487

Attorney-General's Department

59

143

202

Courts Administration Authority

62

10

72

Electoral Commission of South Australia

0

3

3

Equal Opportunity SA

0

2

2

Legal Services Commission

5

3

8

Office of the Attorney-General, Hon Kyam Maher MLC

2

27

29

Office of the Commissioner for Public Sector Employment

2

4

6

Office of the Public Advocate

2

0

2

ReturnToWorkSA

153

9

162

South Australian Civil and Administrative Tribunal (SACAT)

0

1

1

Child Protection; Women; Recreation, Sport and Racing

363

98

461

Department for Child Protection

361

38

399

Office for Recreation, Sport and Racing

1

25

26

Office of the Hon Katrine Hildyard MP

1

35

36

Consumer and Business Affairs; Arts;
Small and Family Business

0

33

33

Art Gallery of South Australia

0

1

1

Office of the Hon Andrea Michaels MP

0

32

32

Education, Training and Skills

160

227

387

Department for Education

148

168

316

Education Standards Board

3

5

8

Office of the Minister for Education, Training and Skills

2

37

39

SACE Board of South Australia

0

3

3

TAFE SA

5

12

17

Teachers Registration Board of SA

2

2

4

Health and Wellbeing

6446

335

6781

Barossa Hills Fleurieu Local Health Network

239

7

246

Central Adelaide Local Health Network - CE

2415

41

2456

Department for Health and Wellbeing

28

107

135

Drug and Alcohol Services SA

10

1

11

Eyre and Far North Local Health Network

100

9

109

Flinders and Upper North Local Health Network

192

6

198

Limestone Coast Local Health Network

191

8

199

Northern Adelaide Local Health Network

1205

15

1220

Office of the Minister for Health and Wellbeing

14

57

71

Riverland Mallee Coorong Local Health Network

163

5

168

SA Ambulance Service

199

35

234

Southern Adelaide Local Health Network

1016

18

1034

Women's and Children's Health Network

503

16

519

Yorke and Northern Local Health Network

171

10

181

Human Services

139

102

241

Department of Human Services

49

24

73

Office of the Minister for Human Services

0

43

43

SA Housing Authority

90

35

125

Industry, Innovation and Science; Defence and Space Industries; Climate, Environment and Water

18

382

400

Defence SA

2

3

5

Department for Environment and Water

6

147

153

Department for Industry, Innovation and Science

0

32

32

Dog and Cat Management Board

2

1

3

Environment Protection Authority

0

13

13

Green Adelaide

0

4

4

Green Industries SA

0

16

16

Heritage South Australia

2

1

3

Limestone Coast Landscape Board

0

1

1

Native Vegetation Council

0

3

3

Office of the Deputy Premier

2

126

128

SA Water

4

35

39

Infrastructure and Transport; Energy and Mining

21

367

388

Department for Energy and Mining

2

77

79

Department for Infrastructure and Transport

18

194

212

Office of Hydrogen Power SA

0

24

24

Office of the Hon Tom Koutsantonis MP

1

72

73

Police, Emergency Services and Correctional Services

3022

127

3149

Department for Correctional Services

323

12

335

Office of the Hon Joe Szakacs MP

5

32

37

South Australia Police

2676

50

2726

South Australian Country Fire Service

4

29

33

South Australian Fire and Emergency Services Commission

0

1

1

South Australian Metropolitan Fire Service

12

2

14

South Australian State Emergency Services

2

1

3

Premier and Cabinet

3

183

186

Department of Premier and Cabinet

3

111

114

Office of the Hon Peter Malinauskas MP

0

48

48

Premier's Delivery Unit

0

11

11

South Australian MotorSport Board

0

6

6

South Australian Museum

0

2

2

State Library of South Australia

0

5

5

Primary Industries and Regional Development;
Forest Industries

5

169

174

Department of Primary Industries and Regions

5

67

72

ForestrySA

0

1

1

Office of the Hon Clare Scriven MLC

0

91

91

Veterinary Surgeons Board of South Australia

0

10

10

Regional Roads; Veterans Affairs; Local Government

3

28

31

Office of the Hon Geoff Brock MP

3

28

31

Tourism; Multicultural Affairs

0

39

39

Office of the Hon Zoe Bettison MP

0

15

15

South Australian Tourism Commission

0

24

24

Trade and Investment; Housing and Urban Development; Planning

8

90

98

Department for Trade and Investment

7

29

36

Office of the Hon Nick Champion MP

0

44

44

Renewal SA Urban Renewal Authority

1

17

18

Treasurer

14

289

303

Department of Treasury and Finance

13

180

193

Essential Services Commission of SA

0

7

7

Office of the Hon Stephen Mullighan MP

0

101

101

State Superannuation Office (Super SA)

1

1

2

Agency

Total

South Australia Police

55

Department for Correctional Services

19

SALHN - Southern Adelaide Local Health Network

5

Department for Child Protection

4

NALHN - Lyell McEwin Hospital

3

CALHN - Royal Adelaide Hospital

2

Limestone Coast Local Health Network

1

Women's and Children's Health Network

1

CALHN - CEOs Office

1

Department of Planning Transport & Infrastructure

1

Courts Administration Authority

1

Department for Education

1

CouncilPersonalNon-personalTotal

Adelaide Hills Council

6

6

12

Adelaide Plains Council

5

0

5

Alexandrina Council

7

8

15

Barunga West Council

1

0

1

Campbelltown City Council

2

14

16

City of Adelaide

1

50

51

City of Burnside

1

14

15

City of Charles Sturt

6

27

33

City of Holdfast Bay

0

15

15

City of Marion

0

13

13

City of Mitcham

7

18

25

City of Onkaparinga

25

19

44

City of Playford

0

12

12

City of Port Adelaide Enfield

3

34

37

City of Port Lincoln

0

4

4

City of Prospect

5

0

5

City of Salisbury

11

3

14

City of Tea Tree Gully

18

14

32

City of Unley

2

0

2

City of Victor Harbor

3

6

9

City of West Torrens

0

28

28

City of Whyalla

1

0

1

Copper Coast Council

0

29

29

Corporation of the Town of Walkerville

2

9

11

District Council of Cleve

0

1

1

District Council of Grant

3

1

4

District Council of Lower Eyre Peninsula

1

0

1

District Council of Loxton Waikerie

0

1

1

District Council of Mount Remarkable

0

1

1

District Council of Orroroo Carrieton

0

1

1

District Council of Peterborough

0

1

1

District Council of Robe

0

1

1

District Council of Tumby Bay

0

10

10

District Council of Yankalilla

5

0

5

Kangaroo Island Council

0

2

2

Kingston District Council

1

0

1

Mid Murray Council

0

2

2

Mount Barker District Council

10

2

12

Port Pirie Regional Council

10

0

10

Regional Council of Goyder

0

1

1

Renmark Paringa Council

1

0

1

Tatiara District Council

3

0

3

The Barossa Council

1

4

5

The Rural City of Murray Bridge

3

9

12

Town of Gawler

1

2

3

Wattle Range Council

0

6

6

Wudinna District Council

0

1

1

Yorke Peninsula Council

3

3

6

University

Personal

Non Personal

Total

Flinders University

9

2

11

University of Adelaide

7

3

10

University of SA

3

0

3

Page last updated: 6 November 2023