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 the Freedom of Information Act 1991 (FOI Act) and the requirements of Premier and Cabinet Circular PC013 Annual Reporting.

This is the thirty third 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 2023-24 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 14 070 FOI applications, a 3% increase on the FOI applications received in 2022-23. This is a result of applications submitted to local government councils and universities rising by 27% and 283% respectively.  State government agency application numbers remained relatively similar to the previous financial year.

Applications for personal information increased by 5% due to applications submitted by members of the public rising by 9%. In addition, non-personal applications (often more complex and time consuming) decreased by 7% as a result of applications submitted by Members of Parliament (MPs) reducing by 11% and from the media by 23%.

Determinations of applications within legislated timeframes improved by 15% in 2023-24, this could be attributed to the reduction in non-personal applications and an increase of 23% of staff working on FOI applications.  Formal extensions of time for an agency to make a determination also increased by 13%.

Determinations where access was refused in full and applications for internal review reduced by 2% and 6% respectively.

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

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 (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site) (external site).

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 to agency FOI enquiries
  • development of information sheets and guidelines
  • preparation of the FOI annual report
  • management and support for FOI reporting
  • provision of regular and ad hoc reports to the Minister
  • provision of FOI training and advice to agencies
  • responding to public FOI enquiries.

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, i.e. state government, local government and universities.

Performance

Key objectiveAgency's contribution
Open and Transparent Government
  • Provide access to government information in accordance with the FOI Act
  • Provide training, resources and advice to agencies to enable them to comply with the requirements of the FOI Act

Agency objectiveIndicatorPerformance
Agencies and members of the public receive FOI advice

Agency staff and the community have timely access to information and assistance relevant to accessing government information.

State Records responded to 525 FOI enquiries.

Guidelines and information sheets are published

FOI Information sheets, brochures and forms are maintained.

A review of State Records website, included the conversion of several information sheets to webpages, was completed in February 2024.

Accredited training for FOI officers is delivered

Accredited and non-Accredited officer training is offered and conducted.

107participants completed the Accredited and non-Accredited Officer training (including 7 interactive webinars) in 2023-24. This participation is consistent with the previous year.

FOI education – FOI General Awareness and
FOI Refresher education is available

Centralised education is available to support FOI officers undertake their roles.

The online FOI General Awareness and FOI Refresher courses were accessed 342 times during the reporting year, a slight reduction on last year.

These courses have now been made available for agencies to upload into their internal training systems.

Submission and payment for online FOI applications

An online mechanism is available for the community to lodge and pay for FOI applications.

State government agencies received 5 222 applications through the online FOI Application Form, a decrease of 9% compared to 2022-23.

Reporting required under the Act

Freedom of Information Act 1991

Section 54 – Reports to Parliament

    (1)  The Minister administering this Act must –

    1. 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
    2. 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 2023-24

Pursuant to Section 54AA of the FOI Act, FOI reporting requirements were gazetted on 26 June 2022. Agencies are required to manage their own FOI statistical information.

State Records has produced resources to assist agencies with the management of their reporting requirements.

The data collated by agencies, including the costs incurred by agencies in the administration of the FOI Act, is provided to State Records via an online form at the completion of the reporting period. The accuracy of the data is reliant on agencies.

Statistical information is available in Attachment 1 to this report and also on Data.SA.

FOI Statistical Data

The following 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.

TABLE 1    Applications received in 2023-24

Application

State

Local

University

All Sectors

2023-24

2022-23

2023-24

2022-23

2023-24

2022-23

2023-24

2022-23

Personal

11 027

10 487

176

148

36

19

11 239

10 654

Non-Personal

2 292

2 671

483

372

56

5

2 831

3 048

Total

13 319

13 158

659

520

92

24

14 070

13 702

TABLE 2   Applications received by applicant type

Applicant type

State

Local

University

All sectors

2023-24

2022-23

2023-24

2022-23

2023-24

2022-23

2023-24

2022-23

Member of the Public

6 271

5 758

431

410

69

22

6 771

6 190

Lawyer / Agent

5 269

5 222

62

70

2

1

5 333

5 293

Member of Parliament

1 697

2 067

164

37

17

0

1 878

2 104

Media

82

111

2

3

4

1

88

115

Charts depicting the number of applications received from each applicant type

TABLE 3   Response times

Time

State

Local

University

All Sectors

All Sectors

2023-24

2023-24

2023-24

2023-24

2022-23

Within timeframe (not extended)

8 503

515

39

9 057

7 907

Within timeframe (extended)

430

88

23

541

534

Outside of timeframe (deemed refusal)

3 489

27

26

3 542

4 159

* In previous years response times were reported as 0-15 days, 15-30 days or +30 days.

Graph depicting the percentage of applications responded to within timeframe per sector

TABLE 4  Formal extensions of time

Extension reason

State

Local

University

All Sectors 2023-24

All Sectors 2022-23

Section 14(1)(a) – searching

359

43

30

432

463

Section 14(1)(b) – consultation

185

69

12

266

155

Total

544

112

42

698

618

TABLE 5   Outcomes of applications

Sector

Full Release

Partial Release

Refused

2023-24

2022-23

2023-24

2022-23

2023-24

2022-23

PERSONAL APPLICATIONS

State

3 697

3 922

4 605

4 054

773

814

Local

47

80

80

61

26

15

Universities

4

2

24

13

2

1

All Sectors

3 748

4 004

4 709

4 128

801

830

NON-PERSONAL APPLICATIONS

State

346

451

945

729

550

682

Local

166

100

201

135

37

35

Universities

9

2

30

3

1

0

All Sectors

521

553

1 176

867

588

717

Graph depicting the percentage of application outcomes per application type per sector

TABLE 6   Outcomes of applications (cont.)

Outcome

State

Local

University

All Sectors
2023-24

All Sectors
2022-23

Transferred

277

2

0

279

264

Withdrawn/closed

1 229

71

18

1 318

1 237

Total

1 506

73

18

1 597

1 501

TABLE 7 Reasons for rejecting or refusing access

REJECTING

State

Local

Uni

Total
2023-24

Total
2022-23

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

93

25

1

119

165

Document does not exist/lost

614

50

12

676

693

REFUSING

Section 15 - Application incomplete/wrongly directed*

16

0

0

16

51

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

24

2

1

27

116

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

15

7

0

22

78

Section 18(3) - Fees not paid

65

3

1

69

145

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

239

3

0

242

220

Section 20(1) - Exempt *

2 688

205

23

2 916

3 310

Exempt agency

16

1

0

17

56

* The number of applications where the reason for rejection/refusal has been applied.

TABLE 8   Exemptions

Most commonly applied exemptions

2023-24

2022-23

Clause 1&2 – Cabinet and/or Executive Council documents

134

132

Clause 4 – documents affecting law enforcement and public safety

399

517

Clause 6 – documents affecting personal affairs

2 915

3 140

Clause 7 – documents affecting business affairs

337

225

Clause 9 – internal working documents

272

392

Clause 10 – documents subject to legal professional privilege

87

98

Clause 11 – documents relating to judicial functions

36

137

Clause 12 – documents the subject of secrecy provisions

245

455

Clause 13 – documents containing confidential material

404

298

Clause 16 – documents concerning the operations of agencies

269

351

TABLE 9 Amendment applications

Outcome

2023-24

2022-23

New applications

114

76

TABLE 10 Outcome of amendment applications

Outcome

2023-24

2022-23

Amendment in full

18

9

Partial amendment

12

6

Notation added

2

13

Amendment refused

66

36

Withdrawn/closed*

13

10

TABLE 11 Amendment application response times

Time

2023-24

2022-23

Within timeframe

101

55

Outside of timeframe

10

19

TABLE 12 Contracts reported with approved confidentiality clauses

Sector

2023-24

2022-23

State Government

119

129

Local Government

120

76

Universities

0

2

Total

239

207

TABLE 13 Applications for review received

Applications reviewed  

2023-24

2022-23

Internal review

493

524

External review - Ombudsman

297

322

External review - South Australian Civil and Administrative Tribunal

26

24

Total

816

870

TABLE 14 Outcome of internal review applications

Outcome

2023-24*

2022-23*

Decision confirmed

227

179

Decision varied

190

157

Decision reversed

21

12

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

TABLE 15 Cabinet docs 10 years otr older - requests for access

Requests

2023-24

2022-23

2021-22

MPs

12

7

0

Public

8

14

24

Media

0

0

26

Lawyer/Agent

0

10

-

Total

20

31

50

TABLE 16 Cabinet docs 10 years or older – access determinations

Determination

2023-24

2022-23

2021-22

Released in full

11

31

45

Released in part

8

9

27

Refused in full

1

1

7

Withdrawn

0

1

1

Total

20

42

80

TABLE 17 Overall cost of administering FOI

Cost category

2023-24 $

2022-23 $

2021-22 $

Salary

$11 884 569

$11 275 051

$14 163 431*

Other expenses

$919 970

$273 020

$521 583

Total

$12 804 539

$11 548 071

$14 685 014

TABLE 18 Staffing

Sector

Number of staff

Full-time equivalent

2023-24

2022-23

2023-24

2022-23

State government

323

248

103.5

101.7

Local government

149

124

16.6

14.8

Universities

12

22

2.1

1.1

Total

484

394*

122.2

117.6*

*As part of a review of FOI annual reporting requirements, the staff included in the cost of administering the FOI Act was simplified to give a more accurate representation. The cost and staffing figures above now only include staff involved in the processing and/or management of FOI applications.  

Staff requested to search for documents were not included in this data. Including them created the potential for the number of staff to be disproportionate to the amount of time spent processing FOI applications and the inclusion of staff searchers in agency statistics was not consistently reported.

TABLE 19 Application and processing fees assessed versus collected

Sector

2023-24

2022-23

2021-22**

ASSESSED*

State government

$504 869

$384 749

-

Local government

$37 158

$44 009

-

Universities

$3 255

$1 709

-

Total

$545 282

$430 467

-

COLLECTED

State government

$430 478

$372 811

$301 648

Local government

$23 389

$18 378

$24 150

Universities

$1 161

$1 127

$649

Total

$455 028

$392 316

$326 447

* Assessed fees and charges is defined in the FOI Annual Reporting Guideline as: Aggregation of all access application fees and charges that could be levied. Excludes exempt fees and charges ie application fees for concession card holders and MPs.

** Assessed fees and charges were not reported prior to 2022-23.

TABLE 20 Applications still open as at 30 June 2024

Sector

Within 30 day timeframe

Outside 30 day timeframe

Total

State government

915

873

1 788

Local government

26

3

29

Universities

6

2

8

Total

947

878

1 825

TABLE 21 Overdue applications still open as at 30 June 2024

Sector

Personal

Non-Personal

Total

State government

758

115

873

Local government

1

2

3

Universities

0

2

2

Total

759

119

878

Portfolio/Agency

Personal

Non-pers

Total

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

285

237

522

Attorney-General's Department85162247
Courts Administration Authority331346
Electoral Commission of South Australia11213
Equal Opportunity SA123
Legal Services Commission459
The Law Society of South Australia011
Office of the Attorney-General, Hon Kyam Maher MLC33336
Office of the Commissioner for Public Sector Employment123
Office of the Public Advocate112
ReturnToWorkSA1566162

Child Protection; Women and Domestic Violence; Recreation, Sport and Racing

460

76

536

Department for Child Protection45832490
Office for Recreation, Sport and Racing11516
Office of the Hon Katrine Hildyard MP12930

Climate, Environment and Water

8

308

316

Department for Environment and Water3132135
Dog and Cat Management Board022
Environment Protection Authority01818
Green Adelaide01414
Green Industries SA12526
Heritage South Australia011
Hills and Fleurieu landscape board101
Limestone Coast Landscape Board022
Murraylands and Riverland Landscape Board011
Office of the Deputy Premier16566
SA Water14546
South Australian Arid Lands Landscape Board101
Native Vegetation Council033

Consumer and Business Affairs; Arts; Small and Family Business

1

50

51

Art Gallery of South Australia044
Office of the Hon Andrea Michaels MP13536
South Australian Museum044
State Library of South Australia077

Defence and Space Industries

3

12

15

Defence SA31215

Education, Training and Skills

201

174

375

Department for Education177103280
Education Standards Board369
History Trust of South Australia011
Office of the Minister for Education, Training and Skills33336
SACE Board of South Australia61622
TAFE SA121224
Teachers Registration Board of SA033

Energy and Mining

0

73

73

Australian Energy Market Commission022
Department for Energy and Mining05151
Office of Hydrogen Power SA02020

Health and Wellbeing

6708

172

6880

Barossa Hills Fleurieu Local Health Network2022204
Central Adelaide Local Health Network2606132619
Department for Health and Wellbeing295180
Drug and Alcohol Services SA27330
Eyre and Far North Local Health Network79180
Flinders and Upper North Local Health Network1850185
Limestone Coast Local Health Network2554259
Northern Adelaide Local Health Network1129131142
Office of the Minister for Health and Wellbeing85058
Riverland Mallee Coorong Local Health Network1160116
SA Ambulance Service3399348
Southern Adelaide Local Health Network1018131031
Women's and Children's Health Network57713590
Yorke and Northern Local Health Network1380138

Housing and Urban Development; Housing Infrastructure; Planning

2

67

69

Office of the Hon Nick Champion MP23941
Renewal SA Urban Renewal Authority02828

Human Services

133

267

400

Department of Human Services542680
Office of the Minister for Human Services2188190
SA Housing Authority7753130

Industry, Innovation and Science

2

25

27

Department for Industry, Innovation and Science22527

Infrastructure and Transport

20

197

217

Department for Infrastructure and Transport18109127
Office of the Hon Tom Koutsantonis MP28890

Police, Emergency Services and Correctional Services

3157

116

3273

Department for Correctional Services4865491
South Australia Police2626642690
South Australian Country Fire Service311445
South Australian Fire and Emergency Services Commission235
South Australian Metropolitan Fire Service42024
South Australian State Emergency Services437
Office of the Hon Dan Cregan MP4711

Primary Industries and Regional Development; Forest Industries

2

128

130

Department of Primary Industries and Regions26769
ForestrySA022
Office of the Hon Clare Scriven MLC05959

Tourism; Multicultural Affairs

2

46

48

Office of the Hon Zoe Bettison MP23840
South Australian Tourism Commission088

Trade and Investment; Veterans Affairs; Local Government

28

42

70

Department for Trade and Investment54247
Office of the Hon Geoff Brock MP23023

Premier and Cabinet

2

129

131

Department of Premier and Cabinet26466
Infrastructure SA011
Office of the Hon Peter Malinauskas MP04848
Premier's Delivery Unit01010
South Australian MotorSport Board011
Cross Border Commissioner055

Treasurer

13

173

186

Department of Treasury and Finance10103113
Essential Services Commission of SA235
Lifetime Support Authority022
Office of the Hon Stephen Mullighan MP06363
State Superannuation Office (Super SA)123

Council

Personal

Non-pers

Total

Adelaide Plains Council

3

3

6

Alexandrina Council

0

24

24

Anangu Pitjantjatjara Yankunytjatjara

16

0

16

Barunga West Council

2

0

2

Berri Barmera Council

1

4

5

Campbelltown City Council

2

4

6

City of Adelaide

1

37

38

City of Burnside

2

18

20

City of Charles Sturt

11

39

50

City of Holdfast Bay

0

12

12

City of Marion

0

17

17

City of Mitcham

8

19

27

City of Mount Gambier

4

5

9

City of Onkaparinga

24

21

45

City of Playford

0

17

17

City of Port Adelaide Enfield

17

8

25

City of Port Lincoln

0

6

6

City of Prospect

2

2

4

City of Salisbury

5

11

16

City of Tea Tree Gully

17

24

41

City of Unley

2

7

9

City of Victor Harbor

0

7

7

City of West Torrens

0

19

19

City of Whyalla

0

9

9

Clare & Gilbert Valleys Council

1

0

1

Copper Coast Council

0

41

41

Corporation of the Town of Walkerville

1

18

19

District Council of Ceduna

5

2

7

District Council of Cleve

0

6

6

District Council of Elliston

1

2

3

District Council of Franklin Harbour

1

0

1

District Council of Grant

5

2

7

District Council of Karoonda East Murray

0

1

1

District Council of Lower Eyre Peninsula

0

2

2

District Council of Loxton Waikerie

0

3

3

District Council of Mount Remarkable

0

4

4

District Council of Orroroo Carrieton

0

3

3

District Council of Peterborough

1

2

3

District Council of Robe

1

1

2

District Council of Streaky Bay

2

0

2

District Council of Tumby Bay

0

9

9

District Council of Yankalilla

2

2

4

Kangaroo Island Council

0

6

6

Kingston District Council

0

3

3

Mid Murray Council

2

1

3

Mount Barker District Council

4

7

11

Municipal Council of Roxby Downs

1

1

2

Naracoorte Lucindale Council

1

4

5

Northern Areas Council

0

1

1

Port Augusta City Council

0

4

4

Port Pirie Regional Council

7

2

9

Regional Council of Goyder

0

3

3

Renmark Paringa Council

0

2

2

Tatiara District Council

1

3

4

The Barossa Council

0

4

4

The Flinders Ranges Council

0

2

2

The Rural City of Murray Bridge

3

8

11

Town of Gawler

0

4

4

Wakefield Regional Council

0

3

3

Wattle Range Council

0

2

2

Wudinna District Council

0

2

2

Yorke Peninsula Council

0

3

3

University

Personal

Non-pers

Total

Flinders University

16

5

21

UniSA

16

11

27

University of Adelaide

4

40

44

AgencyTotal

South Australia Police

70

Department for Child Protection

12

Southern Adelaide Local Health Network

6

Central Adelaide Local Health Network - CE

6

Department for Correctional Services

5

Essential Services Commission of SA

4

Northern Adelaide Local Health Network

4

Department for Education

2

SA Housing Authority

2

SA Ambulance Service

1

Office of the Minister for Education, Training and Skills

1

Limestone Coast Local Health Network

1

* Refer to tables 9 and 10 for totals and outcomes.  Note, there were no reported applications to amend personal information submitted to local government councils or universities.

Page last updated: 1 November 2024