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    Exempt records - documents and agencies

    Exempt documents

    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 the disclosure of which would be in contempt of Parliament or contempt of court
    • certain documents arising out of companies and securities legislation, and
    • private documents in public libraries or archival collections.

    See Freedom of Information Act 1991 (SA) Schedule 1 for more details about these types of documents.

    Exempt Agencies

    Some agencies are exempt from the Freedom of Information Act 1991 (SA). These are set out in Schedule 2 of the Act and include:

    • all Royal Commissions;
    • the Independent Commissioner Against Corruption (ICAC);
    • the Office for Public Integrity;
    • the Commissioner for Children and Young People;
    • the Commissioner for Aboriginal Children and Young People;
    • the Guardian for Children and Young People;
    • the Child Death and Serious Injury Review Committee;
    • the Child Development Council;
    • the Motor Accident Commission (in respect of information relating to a claim or action under Part 4 of the Motor Vehicles Act 1959 (SA));
    • the Essential Services Commission (in relation to certain confidential information under the Essential Services Commission Act 2002 (SA));
    • the Auditor-General;
    • the Attorney-General (in respect of functions relating to the enforcement of the criminal law);
    • the Parole Board;
    • the Parole Administrative Review Commissioner;
    • the Solicitor-General;
    • the Crown Solicitor;
    • the Director of Public Prosecutions;
    • the Commissioner for Victims' Rights;
    • the Judicial Conduct Commissioner and a judicial conduct panel under the Judicial Conduct Commissioner Act 2015 (SA);
    • the Ombudsman (SA);
    • the Legal Professional Conduct Commissioner;
    • the Public Trustee (in respect of functions exercised as executor, administrator or trustee);
    • the South Australian Government Financing Authority, the Local Government Financing Authority and the South Australian Superannuation Fund Investment Trust;
    • the South Australian Police (in relation to information compiled by the former Special Branch, the former Operations Planning and Intelligence Unit, the Operations Intelligence Section (or a body substituting that Section) and the Anti-Corruption Branch (or a body substituting that Branch); and
    • the Local Government Association.

    Further agencies are exempt, in whole or in part, pursuant to the Freedom of Information (Exempt Agency) Regulations 2023 and some subsequent regulations.

    Exempt records - documents and agencies  :  Last Revised: Thu Oct 26th 2023
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