ISSUE No 43
 

Freedom of Information in South Australia

Vicki Evans

The article undertakes to look at freedom of information in a historical context in South Australia as well as review the key features of the Act and discusses the implementation phase - stating with reason that, fees and charges, retrospectivity, review and appeal, consultation, ministerial certificates still requiring some attention.

It also focuses on the initial six months of FOI, utilising statistical data collected for the first report to State Parliament which includes the main points outlined in the report, specifically data on requests, exemptions and both internal and external review. Local government and FoI is reviewed as well as the effect the Act has had on Members of Parliament. The review refers to the media interest that was generated in the first six months of FoI in South Australia. Agency attitudes are also addressed, before concluding with recent and future developments.
 

Ombudsman's Review of FoI in South Australia

The article contains an extract from the Annual Report of 1991 - 92 of the South Australian Ombudsman dealing with freedom of information matters. The article discusses the matters heard in the first six months of the Freedom of Information Act and gives details as to the cases. In the first six months of operation of the act there were ten matters raised for consideration, five of the matters remaining unsolved and the other five solved. The five matters solved were in respect of the Attorney General's department due to procedural deficiencies, three issues in the Correctional Services department one of which was due to a procedural deficiency, and the State Transport authority in which the problem also concerned procedural deficiencies. The article discusses a number of the cases which arose in the first year and concludes with where the Act is seen to be going in the future, stating that there is still much to explored and tested on a case to case basis with the application of the Freedom of Information Act.
 

Tasmania's Freedom of Information Amendment Act 1992

David Needham

The article discusses the set of guidelines to assist agencies and the public in the use of the Act made by the FoI unit within the Department of Premier and Cabinet. The issues are discussed in relation to the removal of the Ombudsman's power to release exempt information (s48(5)), the extension of the trade secrets exemption (s31 and 32), the amendment to personal information matters (s37), the change of official responsible for conclusive certificates (s24(3)). The other amendments contained in the Act are with regards to information communicated by other governments (s26), the power to neither confirm nor deny the existence of information (s22), information likely to threaten endangered species (s35A). The article also states the apparent reasons for the amendments to the Act.

Return to Abstract Index