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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, 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.

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 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.

Exempt records - documents and agencies  :  Last Revised: Fri Feb 24th 2017
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