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 first 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 2021-22 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 10 057 new FOI applications, down slightly compared with previous years.

Whilst release rates remained consistent, non-personal applications reduced by a third and applications submitted by Members of Parliament reduced by half.

Agencies continued to strive to process applications within the 30-day timeframe.  In line with the legislation, where this could not be achieved due to extensive consultation or search requirements, formal extensions of time were approved and communicated.

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
Minister for Aboriginal Affairs
Minister for Industrial Relations and Public Sector

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 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 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, 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 were updated on 26 June 2022.

Agencies record information about their FOI applications and determinations within FOIMS, a web-based system.  Recording information in FOIMS enables agencies to meet their FOI related reporting obligations and enables State Records to extract the FOI statistical data.

The 2021-22 financial year is the last year State Records will derive annual FOI statistics from FOIMS as it is being decommissioned.

From 2022-23 onwards, agencies will be required to manage their own FOI statistical information.  State Records has produced a suite of resources and tools to help agencies with this transition.

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

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 the FOI Act

Agency objectives

Indicators

Performance

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.

604 phone calls or email 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

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 a new online accredited training for FOI officers

Accredited and non-accredited officer training is available.

108 students completed Accredited and non-Accredited Officer training.

This is 41 more than 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 825 times during the reporting year, a large increase on the previous year's 378.

Online submission and payment for FOI applications

An online mechanism is available for the community to lodge and pay for freedom of information applications.

State government agencies received 3224 applications through the online FOI Application Form, and increase of 135 on the previous year.

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 2020-21

Agencies FOI application information is obtained via 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 accurate responses to the annual survey.

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

TABLE 1     Applications to be processed

Application

State

Local

University

All Sectors

 

2021-22

2020-21

2021-22

2020-21

2021-22

2020-21

2021-22

2020-21

New

9 574

9 841

451

587

32

34

10 057

10 462

Personal

8 358

7 952

131

143

20

9

8 509

8 104

Non-Personal

1 216

1 889

320

444

12

25

1 548

2 358

Carried Over

3 265

2 849

270

213

9

18

3 544

3 080

Personal

2 355

2 033

67

45

3

2

2 425

2 080

Non-Personal

910

816

203

168

6

16

1 119

1 000

Total

12 839

12 690

721

800

41

52

13 601

13 542

TABLE 2     Applications received by applicant type

Applicant type

State

Local

University

All sectors

 

2021-22

2020-21

2021-22

2020-21

2021-22

2020-21

2021-22

2020-21

Member of the Public

5 196

4 547

314

353

9

9

5 519

4 909

Lawyer / Agent

3 012

2 972

62

63

2

3

3 076

3 038

Member of Parliament

556

1 035

34

124

0

1

590

1 160

Other

695

1 133

30

43

21

11

746

1 187

Media

122

154

4

4

0

10

126

168

Total

9 581

9 841

444

587

32

34

10 057

10 462

Application response times and extensions

TABLE 3     Response times

Time

State

Local

University

All Sectors

 

2021-22

2020-21

2021-22

2020-21

2021-22

2020-21

2021-22

2020-21

0-15 days

2 218

2 246

135

173

7

17

2 360

2 436

 

16-30 days

2 587

2 849

190

231

15

25

2 792

3 105

 

>30 days

4 454

4 063

85

106

14

12

4 553

4 181

 

TABLE 4     Formal extensions of time

Extension reason

State

Local

University

All Sectors 2021-22

All Sectors 2020-21

Section 14(1)(a) – searching

601

13

1

615

715

Section 14(1)(b) – consultation

77

14

0

91

202

Total

678

27

1

706

917

TABLE 5     Negotiated extensions

Extension reason

State

Local

University

All Sectors 2021-22

All Sectors 2020-21

Negotiated

68

10

0

78

86

TABLE 6     Outcomes of applications

Sector

Application Category

Full Release

Partial Release

Refused

 

2021-22

2020-21

2021-22

2020-21

2021-22

2020-21

State

Personal

3 621

3 614

3 268

2 904

958

734

 

Non-Personal

314

555

382

572

409

547

 

Total

3 935

4 169

3 650

3 476

1 367

1 281

Local

Personal

42

27

53

70

21

18

 

Non-Personal

104

165

123

144

67

71

 

Total

146

192

176

214

88

89

Universities

Personal

2

2

16

6

2

1

 

Non-Personal

2

9

9

14

0

11

 

Total

4

11

25

20

2

12

All Sectors

Personal

3 665

3 614

3 337

2 980

981

753

 

Non-Personal

420

729

514

730

476

629

 

Total

4 085

4 372

3 851

3 710

1 457

1 382

TABLE 7 Reasons for refusing access

Details

State

Local

Uni

Total

Total

    

2021-22

2020-21

Section 15 - Application incomplete/wrongly directed*

19

2

0

21

13

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

42

8

0

50

60

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

34

2

0

36

24

Section 18(3) - Fees not paid

63

18

1

82

36

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

192

2

0

194

335

Section 20(1) - Exempt *

3 879

158

25

4 062

3 733

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

66

16

0

82

125

Exempt agency

18

0

0

18

33

Document does not exist/lost

460

33

0

493

401

*The number of applications where the reason for refusal was applied.

TABLE 8     Exemptions

Most commonly applied exemptions

2021-22

2020-21

Clause 4 – documents affecting law enforcement and public safety

759

968

Clause 6 – documents affecting personal affairs

3 109

2 622

Clause 7 – documents affecting business affairs

203

200

Clause 9 – internal working documents

494

291

Clause 10 – documents subject to legal professional privilege

119

131

Clause 11 – documents relating to judicial functions

173

232

Clause 12 – documents the subject of secrecy provisions

640

503

Clause 13 – documents containing confidential material

391

326

Clause 16 – documents concerning the operations of agencies

306

302

Amendment of personal information and contacts containing confidentiality clauses

TABLE 9 Amendment applications

Outcome

2021-22

2020-21

New applications

94

105

Carried over

19

10

Total

113

115

TABLE 10 Outcome of amendment applications

Outcome

2021-22

2020-21

Amendment in full

19

14

Partial amendment

5

2

Notation added

2

3

Amendment refused

60

39

Total

86

58

TABLE 11 Reasons for refusal to amend personal information records

Reason

2021-22

2020-21

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

54

37

Application contains matter that is incorrect or misleading

4

2

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

2

0

Total

60

39

TABLE 12 Contracts reported approved confidentiality clauses

Sector

2021-22

2020-21

State Government

49

26

Local Government

78

25

Universities

2

0

Total

129

51

TABLE 13 Applications for review received

Applications reviewed  

2021-22

2020-21

Internal review

202

334

External review - Ombudsman

377

359

External review - South Australian Civil and Administrative Tribunal

40

33

Total

619

726

TABLE 14 Outcome of internal review applications

Outcome

2021-22

2020-21

Decision confirmed

142

138

Decision varied

75

85

Decision reversed

28

63

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

TABLE 15 Cabinet documents 10 years or older - requests for access

Requests

2021-22

2020-21

2019-20

By MPs

0

42

11

By Public

24

119

87

By Media

26

20

13

Total

50

181

111

TABLE 16 Cabinet documents 10 years or older – access determinations

Determination

2021-22

2020-21

2019-20

Released in full

45

103

0

Released in part

27

70

127

Refused in full

7

4

10

Withdrawn

1

0

0

Total

80

177

137

TABLE 17 Overall cost of administering FOI

Cost category

2021-22 $

2020-21 $

2019-20 $

Salary

$14 163 431

$16 030 262

$15 344 767

Other expenses

$521 583

$703 470

$631 448

Total

$14 685 014

$16 733 732

$15 976 215

TABLE 18 Staffing

Sector

Number of staff

Full-time equivalent

2021-22

2020-21

2021-22

2020-21

State Government

1116

618

126.4

142.7

Local Government

170

175

18.9

21.3

Universities

46

45

3.3

4.0

Total

1332

838

148.6

168.0

TABLE 19 Application and processing fees collected

Sector

2021-22

2020-21  

2019-20

State Government

$301 648

$322 028

$376 187

Local Government

$24 150

$31 979

$24 201

Universities

$649

$898

$3 426

Total

$326 447

$354 905

$403 814

TABLE 20 Applications still open at 30 June 2022

Sector

Within 30 day timeframe

Outside 30 day timeframe

Total

State Government

589

2 843

3 432

Local Government

31

273

304

Universities

2

7

9

Total

622

3 123

3 745

TABLE 21 Overdue applications still open at 30 June 2022

Sector

Personal

Non-Personal

Total

State Government

2 042

801

2 843

Local Government

75

198

273

Universities

1

6

7

Total

2 118

1 005

3 123

Division/Agency 

Personal

Non-Pers

Total

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

109

90

199

Attorney-General's Department

33

62

95

Courts Administration Authority

42

6

48

Consumer and Business Services

19

4

23

Office of the AG - Hon Vickie Chapman MP

6

13

19

Legal Services Commission

6

0

6

Forensic Science SA

1

2

3

Office of the Public Advocate

1

1

2

Electoral Commission of South Australia

0

1

1

Office for the Public Sector

0

1

1

Equal Opportunity Commission

1

0

1

Child Protection - Women - Recreation, Sport and Racing

271

25

296

Department for Child Protection

270

22

292

Office for Recreation, Sport and Racing

1

3

4

Education, Training and Skill

152

58

210

Department for Education

148

51

199

SACE Board of South Australia

1

6

7

Teachers Registration Board of South Australia

2

1

3

Office of the Minister for Education

1

0

1

Health and Wellbeing

4706

248

4954

Central Adelaide Local Health Network

1852

36

1888

Northern Adelaide Local Health Network

821

37

858

Southern Adelaide Local Health Network

818

16

834

Women's and Children's Health Network

280

5

285

SA Ambulance Service

181

12

193

Limestone Coast Local Health Network

180

8

188

Barossa Hills Fleurieu Local Health Network

151

6

157

Flinders & Upper North Local Health Network

150

1

151

Yorke & Northern Local Health Network

126

10

136

Department for Health & Wellbeing

14

90

104

Riverland Mallee Coorong Local Health Network

76

20

96

Eyre & Far North Local Health Network

51

5

56

SA Health - Drug and Alcohol Services South Australia

5

1

6

Lifetime Support Authority

1

1

2

Human Services

116

57

173

South Australian Housing Authority

67

19

86

Department of Human Services

46

30

76

Office of the Minister - Hon Michelle Lensink MLC

0

8

8

Screening Unit

3

0

3

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

22

124

146

Department for Environment and Water

10

56

66

Department for Innovation & Skills

6

14

20

Environment Protection Authority

0

17

17

SA Water

0

11

11

Defence SA

0

7

7

Green Adelaide Board

1

5

6

Native Vegetation Council

0

5

5

Dog and Cat Management Board

2

1

3

Green Industries SA

0

2

2

Office of the Deputy Premier

2

0

2

Office of the Minister - Hon David Speirs MP

0

2

2

Office of the Minister - Hon David Pisoni MP

0

2

2

South Australian Heritage Council

0

1

1

South Eastern Water Conservation and Drainage Board

0

1

1

Adelaide and Mt Lofty Ranges NRM Board

1

0

1

Infrastructure and Transport - Energy and Mining

14

114

128

Department of Planning Transport & Infrastructure

13

89

102

Department for Energy &Mining

0

23

23

Australian Energy Market Commission

0

2

2

Office of the National Rail Safety Regulator

1

0

1

Police, Emergency Services and Corrections

2578

100

2678

South Australia Police

2225

80

2305

Department for Correctional Services

343

11

354

SA Metropolitan Fire Service

16

6

22

SA Fire and Emergency Services Commission

4

3

7

Office f/ Minister for Police, Emrgy Srvc & Corr

2

4

6

SA State Emergency Service

1

1

2

Premier and Cabinet

5

173

178

 

Department of the Premier and Cabinet

3

144

147

 

Office of the Premier - Hon Steven Marshall MP

2

24

26

 

Office of the Premier - Hon Peter Malinauskas MP

0

5

5

 

South Australian Museum

0

1

1

 

Primary Industries and Regional Development - Forest Industries

5

41

46

 

Department for Primary Industries & Regions SA

5

23

28

 

Office of the Minister for PIRD

0

11

11

 

Office of the Minister for PIRD and Forest Ind

0

5

5

 

ForestrySA

0

2

2

 

Trade and Investment - Housing and Urban Development - Planning

2

31

33

 

Department for Trade & Investment

0

15

15

 

South Australian Tourism Commission

1

9

10

 

Office of the Minister -Hon Stephen Patterson MP

0

4

4

 

Office of the Minister for Trade and Investment

1

2

3

 

Urban Renewal Authority (Renewal SA)

0

1

1

 

Treasury and Finance

362

134

496

 

Return to WorkSA

234

12

246

 

Department of Treasury and Finance

120

111

231

 

Office of the Treasurer - Hon Robert Lucas MLC

6

8

14

 

Super SA

2

1

3

 

Essential Services Commission of SA

0

2

2

State Government Agency Amendment Application Breakdown

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

University AccessApplication Breakdown

University

Personal

Non Personal

Total

University of Adelaide

9

8

17

Flinders University

11

4

15

Council

Personal

Non-Pers

Total

Adelaide Plains Council

5

3

8

Alexandrina Council

0

8

8

Barunga West Council

1

1

2

Campbelltown City Council

2

3

5

City of Adelaide

0

24

24

City of Burnside

1

10

11

City of Charles Sturt

9

17

26

City of Holdfast Bay

5

6

11

City of Marion

0

11

11

City of Mitcham

8

7

15

City of Mount Gambier

1

3

4

City of Onkaparinga

19

29

48

City of Playford

0

21

21

City of Port Adelaide Enfield

2

25

27

City of Port Lincoln

0

1

1

City of Salisbury

6

3

9

City of Tea Tree Gully

17

24

41

City of Unley

3

3

6

City of Victor Harbor

1

2

3

City of West Torrens

3

11

14

Clare & Gilbert Valleys Council

1

1

2

Coorong District Council

1

1

2

Corporation of the Town of Walkerville

2

0

2

District Council of Ceduna

1

0

1

District Council of Grant

0

2

2

District Council of Lower Eyre Peninsula

1

1

2

District Council of Mount Barker

2

6

8

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 Streaky Bay

1

0

1

District Council of The Copper Coast

0

45

45

District Council of Tumby Bay

0

1

1

District Council of Wudinna

1

0

1

District Council of Yankalilla

6

0

6

Kangaroo Island Council

0

6

6

Kingston District Council

0

1

1

Light Regional Council

5

0

5

Mid Murray Council

0

11

11

Naracoorte Lucindale Council

2

0

2

Northern Areas Council

1

0

1

Port Augusta City Council

2

0

2

Port Pirie Regional Council

5

1

6

Renmark Paringa Council

2

2

4

Rural City of Murray Bridge

7

4

11

Southern Mallee District Council

0

6

6

The Barossa Council

4

3

7

Town of Gawler

2

11

13

Wattle Range Council

0

3

3

Whyalla City Council

1

0

1

Yorke Peninsula Council

1

0

1

Page last updated: 23 November 2022