Not all documents may be accessed. Schedule 1 of the Freedom of Information Act 1991 (SA) contains the list of exempt documents under the Act. These include, for example some of the documents in the following categories:
- Cabinet documents
- Executive Council documents
- documents affecting enforcement of law and protection of public safety
- documents affecting inter-government or local government relations
- documents affecting personal affairs
- documents relating to business affairs (for example trade secrets)
- certain research documents
- internal working documents
- documents subject to legal professional privilege
- documents concerning the judicial functions of a court or tribunal
- documents subject to secrecy provisions
- documents containing material obtained in confidence
- documents affecting the economy of the State
- documents affecting financial or property interests of the State
- documents concerning the operations of agencies
- documents, disclosure of which would be in contempt of Parliament or contempt of court
- certain documents arising out of the companies and securities legislation, and
- private documents in public libraries or archival collections.
See Freedom of Information Act 1991 (SA) Schedule 1 for the detail on what these documents are.
Some agencies are exempt from the Freedom of Information Act 1991 (SA). These are set out in Schedule 2 of the Act and in the Freedom of Information (Exempt Agency) Regulations 2008. These include, for example:
- all Royal Commissions;
- the Independent Commissioner Against Corruption (ICAC);
- the Auditor-General;
- the Parole-Board;
- the Solicitor-General;
- the Commissioner for Victim's Rights;
- the DPP;
- the Crown Solicitor;
- Ombudsman SA;
- the Police Ombudsman;
- the Legal Professional Conduct Commissioner;
- the Compulsory Third Party (CTP) Regulator (with regards to information relating to a claim or action under Part 4 of the Motor Vehicles Act 1959 (SA) and confidential information obtained under Part 3 of the Compulsory Third Party Insurance Regulation Act 2016 (SA));
- the LGA; and
- other agencies in respect of certain functions.
See further Freedom of Information Act 1991 (SA) Schedule 2 and Freedom of Information (Exempt Agency) Regulations 2008.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.