Letter to the Attorney-General

Hon Vickie Chapman MP
Deputy Premier
Attorney-General

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 twenty ninth freedom of information (FOI) 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:

Simon Froude  
Director, State Records

From the Attorney-General

This report on the administration of the Freedom of Information Act 1991 (FOI Act) provides an overview of 2019-20 FOI application data, 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 10 344 new FOI applications. This is consistent with the number of applications received in recent years. Despite working through challenging times, agencies processed more applications within the 30 day time frame and where this couldn’t be achieved because of extensive consultation or search requirements, they put in place formal extensions of time so applicants knew when their application would be complete.

Release rates remained stable from previous years as did the types of applications received and the applicants.

Agency staff, in particular those designated as Accredited FOI Officers and other FOI support staff, have worked through difficult times in 2020 but have continued to strive to provide service to the community through the provision of access to government information in accordance with the legislative requirements.

In April 2020 I introduced into Parliament the Freedom of Information (Miscellaneous) Amendment Bill 2020.  This Bill would amend the FOI Act to update it in line with legislative developments interstate and changes in technology, taking into account both concerns for enhanced transparency and accountability and the need to balance this with sustainability and efficiency in administration of the legislation.

I am hopeful of the amendments to the FOI Act commencing in 2021.

Vickie Chapman MP

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 with 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 of the Freedom of Information Management System (FOIMS)
  • provision of regular and ad hoc reports to the Minister
  • provision of training and advice to agencies
  • response to public enquiries.

In order to produce the FOI annual report, all agencies subject to it are required to make available to State Records statistical information relating to FOI and 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, ie state government, local government and universities.

Pursuant to Section 54AA of the FOI Act, FOI reporting requirements were gazetted on 15 June 2006.  These requirements remained unchanged in 2019-20.

State Records derives annual FOI statistics from FOIMS to enable this annual report to be produced.  FOIMS is a web-based system where agencies record their FOI applications so that they can meet their FOI related reporting obligations.

Additional information, including the costs incurred by agencies in the administration of the FOI Act, is collected via an online survey.

An initiative is currently underway to develop alternate FOI reporting arrangements and to decommission FOIMS.  Due to its age, FOIMS is unable to be modified and with the introduction of the Freedom of Information (Miscellaneous) Amendment Bill 2020 in the South Australian Parliament earlier this year it will be rendered unusable.

State Records is a business unit of the Attorney-General’s Department.

Performance

Key objective

Agency’s contribution

Open and Transparent Government

Provide access to government information in accordance with the FOI Act

Provide training and information to agencies to enable them to comply with the requirements of FOI Act

Agency objectives

Indicators

Performance

FOI advice to agencies and members of the public

699 phone calls or emailed enquiries were responded to by State Records

A decrease in enquiries was reported due to the implementation of an improved enquiry reporting tool by State Records where multiple interactions are captured within one enquiry

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

All information sheets, brochures and forms were maintained

State Records produces documents to assist FOI officers to process FOI applications.

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

Delivery of accredited training for FOI officers

52 students attended the classroom based training

In April, classroom training ceased due to the COVID-19 pandemic. Work is underway to transition to an online format to streamline administration of training and enhance customer experience.

Delivery of online FOI education

60 students enrolled to undertake the online courses

From May 2020 charges for accessing State Records’ online FOI training were removed. This will continue in future years with additional training moving online.

Online submission and payment for FOI applications

State government agencies received 3206 applications through the online FOI Application Form.

FOI applicants seeking to access information held by state government agencies are able to lodge and pay for their FOI applications online using the online FOI Application Form. This figure increased by around 23% from the previous reporting year

Reporting required under any other act or regulation

Freedom of Information Act 1991

Section 54 – Reports to Parliament

(1)    The Minister administering this Act must –

a.    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

b.    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 2019-20

Agencies provide FOI application information through FOIMS and an annual survey to enable a consolidated statistical report to be prepared.  The accuracy of the data relies on agencies entering correct data into FOIMS and providing responses to the annual survey.
FOI Act statistical information is available in Attachment 1 to this report and on Data.SA.

The following freedom of information 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.

Application

State

Local

Unis

All Sectors

 

2019-20

2018-19

2019-20

2018-19

2019-20

2018-19

2019-20

2018-19

New

9 784

9 978

516

490

44

17

10 344

10 485

Carried Over

2 808

2 482

147

143

9

10

2 964

2 635

Total

12 592

12 460

663

633

53

27

13 308

13 120

Sector

Personal Affairs

Non-Personal Affairs

 

Qty.

2019-20 %

2018-19 %

Qty.

2019-20 %

2018-19 %

New applications 2019-20

State Government

7 634

78%

77%

2 150

22%

23%

Local Government

77

15%

16%

439

85%

84%

Universities

18

41%

47%

26

59%

53%

Total

7 729

75%

74%

2 615

25%

26%

Applications unfinished at the end of 2018-19

State Government

1 939

69%

75%

869

31%

25%

Local Government

28

19%

25%

119

81%

75%

Universities

2

22%

20%

7

78%

90%

Total

1 969

66%

72%

995

34%

28%

Total to be processed 2019-20

9 698

73%

74%

3 610

27%

26%

Applicant type

State

Local

Unis

All sectors

 

2019-20

2018-19

2019-20

2018-19

2019-20

2018-19

2019-20

2018-19

Member of the Public

4 000

4 115

235

296

24

10

4 259

4 421

Lawyer / Agent

3 597

3 450

59

48

2

0

3 658

3 498

Member of Parliament

1 066

1 514

175

86

1

0

1 242

1 600

Other

983

689

29

52

7

5

1 019

746

Media

138

210

18

8

10

2

166

220

Total

9 784

9 978

516

490

44

17

10 344

10 485

Time

State

Local

Unis

All Sectors

 

2019-20

2018-19

2019-20

2018-19

2019-20

2018-19

2019-20

2018-19

0-15 days

2 671

2 506

164

162

10

4

2 845

2 672

16-30 days

2 498

2 209

234

188

13

7

2 745

2 404

>30 days

4 434

4 780

87

91

9

3

4 530

4 874

Total

9 603

9 495

485

441

32

14

10 120

9 950

Extension reason

State

Local

Unis

All Sectors 2019-20

All Sectors 2018-19

Section 14(1)(a) – searching

306

5

10

321

297

Section 14(1)(b) – consultation

380

14

2

396

266

Total

686

19

12

717

563

TABLE 6 Negotiated extensions

Extension reason

State

Local

Unis

All Sectors 2019-20

All Sectors 2018-19

Negotiated

134

7

1

142

178

TABLE 7 Outcomes of applications

Sector

Application Category

Full Release

Partial Release

Refused

 

2019-20

2018-19

2019-20

2018-19

2019-20

2018-19

State

Personal

3 859

4 100

2 689

2 515

726

747

 

Non-Personal

608

571

882

686

594

539

 

Total

4 467

4 671

3 571

3 201

1 320

1 286

Local

Personal

21

25

36

28

6

11

 

Non-Personal

191

195

131

103

55

68

 

Total

212

220

167

131

61

79

Universities

Personal

1

0

15

5

2

1

 

Non-Personal

4

3

7

5

5

3

 

Total

5

3

22

10

7

4

All Sectors

Personal

3 881

4 125

2 740

2 548

734

759

 

Non-Personal

803

769

1 020

794

654

610

 

Total

4 684

4 894

3 760

3 342

1 388

1 369

TABLE 8 Reasons for refusing access

Details

State

Local

Unis

Total

Total

    

2019-20

2018-19

Section 15 - Application incomplete/wrongly directed*

10

4

0

14

12

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

109

2

1

112

27

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

91

1

1

93

15

Section 18(3) - Fees not paid

14

4

0

18

40

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

308

0

0

308

375

Section 20(1) - Exempt *

3 542

151

26

3 719

3 340

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

59

26

0

85

70

Exempt agency

42

2

0

44

22

Document does not exist/lost

324

35

2

361

421

TABLE 9 Exemptions

Most commonly applied exemptions

2019-20

2018-19

Clause 4 – documents affecting law enforcement and public safety

897

624

Clause 6 – documents affecting personal affairs

2 614

2 329

Clause 7 – documents affecting business affairs

218

212

Clause 9 – internal working documents

328

185

Clause 10 – documents subject to legal professional privilege

150

204

Clause 12 – documents the subject of secrecy provisions

463

395

Clause 13 – documents containing confidential material

348

347

Clause 16 – documents concerning the operations of agencies

277

203

TABLE 10 Amendment of personal information

Outcome

2019-20

2018-19

Amendment in full

9

12

Amendment refused

68

84

Partial amendment

4

6

Notation added

11

8

Total

92

110

TABLE 11 Reasons for refusal to amend personal information records

Reason

2019-20

2018-19

Records are not incomplete, incorrect, out-of-date or misleading

68

77

Application contains matter that is incorrect or misleading

0

2

Procedures for amending records are prescribed by or under the provisions of another legislative instrument

1

5

Total

69

84

TABLE 12 Contracts reported approved confidentiality clauses

Sector

2019-20

2018-19

State Government

27

204

Local Government

19

74

Universities

0

5

Total

46

283

TABLE 13 Cabinet documents 10 years or older - requests for to access

Requests

2019-20

2018-19

2017-18

By MPs

11

5

24

By Public

87

44

198

By Media

13

91

42

Total

111

140

264

TABLE 14 Cabinet documents 10 years or older – access determinations

Determination

2019-20

2018-19

2017-18

Released in full

0

47

76

Released in part

127

58

169

Refused in full

10

7

5

Withdrawn

0

0

1

Total

137

112

251

TABLE 15 The cost of administering FOI

Cost category

2019-20 $

2018-19 $

2017-18 $

Salary

15 344 767

12 894 695

14 083 398

Other expenses

631 448

558 101

590 758

Total

15 976 215

13 452 796

14 674 156

TABLE 16 Staffing

Sector

Number of staff

Full-time equivalent

2019-20

2018-19

2019-20

2018-19

State Government

585

528

148.2

126.6

Local Government

154

113

15.9

12.1

Universities

95

40

6.5

2.4

Total

834

681

170.6

141.1

TABLE 17 Application and processing fees collected

Sector

2019-20 $

2018-19 $

2017-18 $

State Government

376 187

290 230

266 658

Local Government

24 201

10 025

28 727

Universities

3 426

490

376

Total

403 814

300 745

295 761

TABLE 18 Applications for review received

Applications reviewed

2019-20

2018-19

Internal review

355

322

External review - Ombudsman

273

262

External review - South Australian Civil and Administrative Tribunal

21

15

Total

649

599

TABLE 19 Outcome of internal review applications

Outcome

2019-20

2018-19

Decision confirmed

133

141

Decision varied

193

102

Decision reversed

36

37

TABLE 20 Applications unfinished at 30 June 2019

Sector

Within 30 day timeframe

Outside 30 day timeframe

Total

State Government

666

2 306

2 972

Local Government

38

145

183

Universities

12

7

19

Total

716

2 458

3 174

TABLE 21 Overdue applications unfinished at 30 June 2020

Sector

Personal

Non-Personal

Total

State Government

1 583

723

2 306

Local Government

31

114

145

Universities

1

6

7

Total

1 615

843

2 458

Division/Agency 

Personal

Non Personal

Total

Attorney-General

61

85

146

Attorney-General's Department

23

41

64

Courts Administration Authority

23

5

28

Electoral Commission of South Australia

0

6

6

Equal Opportunity Commission

1

1

2

Independent Gambling Authority

0

4

4

Legal Services Commission

11

0

11

Office of the Attorney General - Hon Vickie Chapman

2

24

26

Office of the Public Advocate

1

4

5

Child Protection

187

24

211

Department for Child Protection

187

14

201

Office of the Minister for Child Protection

0

10

10

Education

105

84

189

Department for Education

101

67

168

Education Standards Board

0

1

1

History Trust of South Australia

0

1

1

Office of the Minister for Education

0

8

8

SACE Board of South Australia

1

1

2

TAFE SA

0

5

5

Teachers Registration Board of South Australia

3

1

4

Energy and Mining

3

53

56

Department for Energy & Mining

0

44

44

Office of the Minister - van Holst Pellekaan MP

0

9

9

Australian Energy Market Commission

3

0

3

Environment and Water

27

108

135

Department for Environment and Water

8

39

47

Dog and Cat Management Board

0

1

1

Environment Protection Authority

0

30

30

Green Industries SA

0

1

1

Office of the Minister - Hon David Speirs MP

2

15

17

SA Arid Lands Natural Resources Mgmt Board

0

1

1

SA Murray Darling Basin Natural Resources Mgmt Board

0

2

2

SA Water

17

18

35

South East Natural Resources Management Board

0

1

1

Health and Wellbeing

6304

715

7019

Barossa Hills Fleurieu Local Health Network

223

26

249

Central Adelaide Local Health Network

2523

75

2598

Country Health SA Local Health Network

14

2

16

Department for Health & Wellbeing

19

184

203

Eyre & Far North Local Health Network

52

18

70

Flinders & Upper North Local Health Network

479

55

534

Limestone Coast Local Health Network

228

4

232

Northern Adelaide Local Health Network

692

192

884

Office of the Minister - Hon Stephen Wade MLC

0

39

39

Riverland Mallee Coorong Local Health Network

117

31

148

SA Health - Drug and Alcohol Services SA

8

1

9

SAAS - SA Ambulance Service

191

13

204

Southern Adelaide Local Health Network

1211

34

1245

Women's and Children's Health Network

419

30

449

Yorke & Northern Local Health Network

128

11

139

Human Services

123

87

210

Disability Services

6

0

6

Screening Unit

2

0

2

Department of Human Services

41

31

72

Office of the Minister - Hon Michelle Lensink MLC

0

30

30

South Australian Housing Authority

74

26

100

Industry and Skills

30

24

54

Department for Innovation & Skills

4

22

26

Office of the Minister - Hon David Pisoni MP

26

2

28

Police, Emergency Services and Corrections

2225

718

2943

Department for Correctional Services

365

29

394

Office for Recreation, Sport and Racing

0

2

2

Office of the Minister - Hon Corey Wingard MP

2

44

46

SA Fire and Emergency Services Commission

2

9

11

SA Metropolitan Fire Service

1

30

31

SA State Emergency Service

0

8

8

South Australia Police

1849

544

2393

South Australian Country Fire Service

6

52

58

Premier

6

390

396

Economic Development Board

0

5

5

Energy Division

0

23

23

Mineral and Energy Resources

0

1

1

Defence SA

1

5

6

Department of the Premier and Cabinet

4

286

290

Office of the Premier - Hon Steven Marshall MP

0

69

69

State Library of South Australia

1

1

2

Primary Industries and Regional Development

6

44

50

Department for Primary Industries & Regions SA

2

21

23

Forestry SA

0

1

1

Office of the Minister for PIRD

4

21

25

Veterinary Surgeons Board of SA

0

1

1

Trade and Investment

3

51

54

Department for Trade & Investment

2

21

23

Office of the Minister - Hon David Ridgway MLC

0

8

8

South Australian Tourism Commission

1

22

23

Transport, Infrastructure and Planning

24

207

231

Adelaide Cemeteries Authority

1

0

1

Department of Planning Transport & Infrastructure

12

131

143

Homestart Finance

0

4

4

Office of the Minister - Hon Stephan Knoll MP

1

59

60

Office of the National Rail Safety Regulator

8

4

12

Rail Commissioner

0

4

4

Urban Renewal Authority (Renewal SA)

0

4

4

West Beach Trust (Adelaide Shores)

2

1

3

Treasury

469

429

898

Compulsory Third Party Regulator

1

0

1

Department of Treasury and Finance

53

175

228

Essential Services Commission of SA

0

3

3

Office for the Public Sector

0

1

1

Office of the Treasurer - Hon Robert Lucas MLC

1

242

243

Return to WorkSA

413

7

420

Super SA

1

1

2

Agency

Total

South Australia Police

78

Central Adelaide Local Health Network

9

Northern Adelaide Local Health Network

7

Southern Adelaide Local Health Network

4

Department of Human Services

3

Department for Correctional Services

3

Department for Child Protection

2

Department for Trade & Investment

1

Women's and Children's Health Network

1

Department for Primary Industries & Regions SA

1

University

Personal

Non Personal

Total

Flinders University

12

4

16

University of Adelaide

7

23

30

University of South Australia

1

6

7

Region

Personal

Non Personal

Total

Adelaide City Council

0

39

39

Adelaide Hills Council

0

19

19

Adelaide Plains Council

0

1

1

Alexandrina Council

0

5

5

Barunga West Council

0

2

2

Campbelltown City Council

1

10

11

City of Burnside

0

11

11

City of Charles Sturt

15

14

29

City of Holdfast Bay

16

73

89

City of Marion

1

19

20

City of Mitcham

2

12

14

City of Mount Gambier

1

6

7

City of Norwood, Payneham & St Peters

2

0

2

City of Onkaparinga

5

28

33

City of Playford

2

20

22

City of Port Adelaide Enfield

6

12

18

City of Port Lincoln

0

1

1

City of Prospect

4

4

8

City of Salisbury

13

7

20

City of Tea Tree Gully

4

70

74

City of Unley

2

14

16

City of Victor Harbor

0

2

2

City of West Torrens

6

5

11

Clare & Gilbert Valleys Council

0

1

1

Coorong District Council

0

7

7

Corporation of the Town of Walkerville

0

2

2

District Council of Ceduna

0

1

1

District Council of Cleve

0

1

1

District Council of Coober Pedy

1

3

4

District Council of Elliston

0

1

1

District Council of Grant

0

9

9

District Council of Karoonda East Murray

0

6

6

District Council of Kimba

0

1

1

District Council of Lower Eyre Peninsula

0

2

2

District Council of Loxton Waikerie

0

2

2

District Council of Mount Barker

2

7

9

District Council of Mount Remarkable

1

2

3

District Council of Orroroo Carrieton

0

1

1

District Council of Peterborough

1

0

1

District Council of Robe

0

1

1

District Council of Streaky Bay

0

4

4

District Council of The Copper Coast

0

23

23

District Council of Wudinna

0

1

1

District Council of Yankalilla

0

2

2

Eastern Health Authority Inc.

0

4

4

Kangaroo Island Council

0

6

6

Kingston District Council

0

6

6

Light Regional Council

1

19

20

Mid Murray Council

0

4

4

Naracoorte Lucindale Council

1

6

7

Port Augusta City Council

4

1

5

Port Pirie Regional Council

2

1

3

Regional Council of Goyder

0

3

3

Renmark Paringa Council

1

3

4

Roxby Downs Council

0

1

1

Rural City of Murray Bridge

5

7

12

Southern Mallee District Council

0

2

2

Tatiara District Council

0

3

3

The Barossa Council

2

12

14

The Berri Barmera Council

1

3

4

Town of Gawler

1

17

18

Wattle Range Council

2

8

10

Whyalla City Council

0

1

1

Page last updated: 23 November 2022