South Australian Current Acts South Australian Current ActsSchedule 1—Exempt documents
Part 1—Restricted documents
1—Cabinet documents
(1) A document is an
exempt document—
(a) if
it is a document that has been specifically prepared for submission to Cabinet
(whether or not it has been so submitted); or
(b) if
it is a preliminary draft of a document referred to in paragraph (a); or
(c) if
it is a document that is a copy of or part of, or contains an extract from, a
document referred to in paragraph (a) or (b); or
(e) if
it contains matter the disclosure of which would disclose information
concerning any deliberation or decision of Cabinet; or
(f) if
it is a briefing paper specifically prepared for the use of a Minister in
relation to a matter submitted, or proposed to be submitted to Cabinet.
(2) A document is not
an exempt document by virtue of this clause—
(a) if
it merely consists of factual or statistical material (including public
opinion polling) that does not—
(i)
disclose information concerning any deliberation or
decision of Cabinet; or
(ii)
relate directly to a contract or other commercial
transaction that is still being negotiated; or
(ab)
merely because it was attached to a document described in subclause (1);
or
(b) if
20 years have passed since the end of the calendar year in which the document
came into existence.
(2a) A document is not
an exempt document by virtue of this clause if—
(a) the
document has been submitted to Cabinet by a Minister; and
(b) a
Minister has certified that Cabinet have approved the document as a document
to which access may be given under this Act.
(3) In this clause, a
reference to Cabinet includes a reference to a committee of Cabinet and to a
subcommittee of a committee of Cabinet.
(1) A document is an
exempt document—
(a) if
it is a document that has been specifically prepared for submission to the
Executive Council (whether or not it has been so submitted); or
(b) if
it is a preliminary draft of a document referred to in paragraph (a); or
(c) if
it is a document that is a copy of or part of, or contains an extract from, a
document referred to in paragraph (a) or (b); or
(e) if
it contains matter concerning any deliberation or advice of the Executive
Council.
(2) A document is not
an exempt document by virtue of this clause—
(a) if
it merely consists of—
(i)
matter that appears in an instrument that has been made
or approved by the Governor and that has been officially published (either in
the Gazette or elsewhere); or
(ii)
factual or statistical material that does not disclose
information concerning any deliberation or advice of the Executive Council; or
(ab)
merely because it was attached to a document described in subclause (1);
or
(b) if
20 years have passed since the end of the calendar year in which the document
came into existence.
(3) A document is not
an exempt document by virtue of this clause if—
(a) the
document has been submitted to Executive Council by a Minister; and
(b) a
Minister has certified that Executive Council have approved the document as a
document to which access may be given under this Act.
3—Exempt documents communicated by another government
A document is an exempt document if—
(a) it
contains information from an intergovernmental communication to the Government
of South Australia or a council; and
(b)
notice has been received from the relevant Government or council that the
information would be protected from disclosure under a corresponding law of
the Commonwealth or another State.
4—Documents affecting law enforcement and public safety
(1) A document is an
exempt document if it contains matter the disclosure of which could reasonably
be expected—
(a) to
endanger the life or physical safety of any person; or
(b) to
prejudice the fair trial of any person or the impartial adjudication of any
case; or
(c) to
facilitate the escape from lawful custody of any person.
(2) A document is an
exempt document if it contains matter the disclosure of which—
(a)
could reasonably be expected—
(i)
to prejudice the investigation of any contravention or
possible contravention of the law (including any revenue law) whether
generally or in a particular case; or
(ii)
to enable the existence or identity of any confidential
source of information, in relation to the enforcement or administration of the
law, to be ascertained; or
(iii)
to prejudice the effectiveness of any lawful method or
procedure for preventing, detecting, investigating or dealing with any
contravention or possible contravention of the law (including any revenue
law); or
(iv)
to prejudice the maintenance or enforcement of any lawful
method or procedure for protecting public safety; or
(v)
to endanger the security of any building, structure or
vehicle; or
(vi)
to prejudice any system or procedure for the protection
of persons or property; and
(b)
would, on balance, be contrary to the public interest.
(3) A document is an
exempt document if it is a document that was created by the former Bureau of
Criminal Intelligence or has been created or is held by the State Intelligence
Section of South Australia Police or any authority substituted for that body.
(3a) A document is an
exempt document if it has been created by South Australia Police and contains
information classified by the Commissioner of Police, in accordance with the
provisions of any other Act, as criminal intelligence.
(4) In this clause, a
reference to the law includes a reference to the law of the Commonwealth, the
law of another State and the law of another country.
Part 2—Documents requiring consultation
5—Documents affecting inter-governmental or local governmental relations
(1) A document is an
exempt document if it contains matter—
(a) the
disclosure of which—
(i)
could reasonably be expected to cause damage to
intergovernmental relations; or
(ii)
would divulge information from a confidential
intergovernmental communication; and
(b) the
disclosure of which would, on balance, be contrary to the public interest.
6—Documents affecting personal affairs
(1) A document is an
exempt document if it contains matter the disclosure of which would involve
the unreasonable disclosure of information concerning the personal affairs of
any person (living or dead).
(2) A document is an
exempt document if it contains allegations or suggestions of criminal or other
improper conduct on the part of a person (living or dead) the truth of which
has not been established by judicial process and the disclosure of which would
be unreasonable.
(3) A document is not
an exempt document by virtue of subclause (1) or (2) merely because it
contains information concerning the person by or on whose behalf an
application for access to the document is made.
(3a) A document is an
exempt document if it contains matter—
(a)
consisting of information concerning a person who is presently under the age
of 18 years or suffering from mental illness, impairment or infirmity or
concerning such a person's family or circumstances, or information of any kind
furnished by a person who was under that age or suffering from mental illness,
impairment or infirmity when the information was furnished; and
(b) the
disclosure of which would be unreasonable having regard to the need to protect
that person's welfare.
A document is an exempt document if it is a record of information about an
elector obtained in the course of the administration of the Electoral
Act 1985 or the Local Government (Elections) Act 1999 ; but not
recorded on an electoral roll (as defined in that Act).
7—Documents affecting business affairs
(1) A document is an
exempt document—
(a) if
it contains matter the disclosure of which would disclose trade secrets of any
agency or any other person; or
(i)
consisting of information (other than trade secrets) that
has a commercial value to any agency or any other person; and
(ii)
the disclosure of which—
(A) could reasonably be expected to destroy
or diminish the commercial value of the information; and
(B) would, on balance, be contrary to the
public interest; or
(c) if
it contains matter—
(i)
consisting of information (other than trade secrets or
information referred to in paragraph (b)) concerning the business,
professional, commercial or financial affairs of any agency or any other
person; and
(ii)
the disclosure of which—
(A) could reasonably be expected to have an
adverse effect on those affairs or to prejudice the future supply of such
information to the Government or to an agency; and
(B) would, on balance, be contrary to the
public interest.
(2) A document is not
an exempt document by virtue of this clause merely because it contains matter
concerning the business, professional, commercial or financial affairs of the
agency or other person by or on whose behalf an application for access to the
document is made.
(3) A document is not
an exempt document by virtue of this clause if it is a contract entered into
by the Crown or an agency after the commencement of this subclause.
8—Documents affecting the conduct of research
(1) A document is an
exempt document if it contains matter—
(a) that
relates to the purpose or results of research (other than public opinion
polling that does not relate directly to a contract or other commercial
transaction that is still being negotiated), including research that is yet to
be commenced or yet to be completed; and
(b) the
disclosure of which—
(i)
could reasonably be expected to have an adverse effect on
the agency or other person by or on whose behalf the research is being, or is
intended to be, carried out; and
(ii)
would, on balance, be contrary to the public interest.
(2) A document is not
an exempt document by virtue of this clause merely because it contains matter
concerning research that is being, or is intended to be, carried out by the
agency or other person by or on whose behalf an application for access to the
document is made.
Part 3—Other documents
9—Internal working documents
(1) A document is an
exempt document if it contains matter—
(a) that
relates to—
(i)
any opinion, advice or recommendation that has been
obtained, prepared or recorded; or
(ii)
any consultation or deliberation that has taken place,
in the course of, or for the purpose of, the decision-making functions of the
Government, a Minister or an agency; and
(b) the
disclosure of which would, on balance, be contrary to the public interest.
(2) A document is not
an exempt document by virtue of this clause if it merely consists of—
(a)
matter that appears in an agency's policy document; or
(b)
factual or statistical material.
10—Documents subject to legal professional privilege
(1) A document is an
exempt document if it contains matter that would be privileged from production
in legal proceedings on the ground of legal professional privilege.
(2) A document is not
an exempt document by virtue of this clause merely because it contains matter
that appears in an agency's policy document.
11—Documents relating to judicial functions etc
A document is an exempt document if it contains matter—
(a)
relating to the judicial functions of a court or tribunal; or
(b)
prepared for the purposes of proceedings (including any transcript of the
proceedings) that are being heard or are to be heard before a court or
tribunal; or
(c)
prepared by or on behalf of a court or tribunal (including any order or
judgment made or given by the court or tribunal) in relation to proceedings
that are being heard or have been heard before the court or tribunal.
12—Documents the subject of secrecy provisions
(1) A document is an
exempt document if it contains matter the disclosure of which would constitute
an offence against an Act.
(2) A document is not
an exempt document by virtue of this clause unless disclosure of the matter
contained in the document, to the person by or on whose behalf an application
for access to the document is made, would constitute such an offence.
13—Documents containing confidential material
(1) A document is an
exempt document—
(a) if
it contains matter the disclosure of which would found an action for breach of
confidence; or
(b) if
it contains matter obtained in confidence the disclosure of which—
(i)
might reasonably be expected to prejudice the future
supply of such information to the Government or to an agency; and
(ii)
would, on balance, be contrary to the public interest.
(2) A document that is
a contract entered into by the Crown or an agency after the commencement of
this subclause is not an exempt document by virtue of subclause (1)
unless—
(a) it
contains matter the disclosure of which would, under a term of the contract,
constitute a breach of the contract or found an action for breach of
confidence; and
(b) that
term of the contract has been approved by—
(i)
in the case of a contract entered into by the
Crown—a Minister; or
(ii)
in the case of a contract entered into by a
State Government agency—the responsible Minister for the agency; or
(iii)
in the case of a contract entered into by an agency that
is not a State Government agency—the agency.
(3) Subject to
subclause (4), a Minister may, by instrument in writing, delegate the
power to approve a term of a contract under subclause (2) to a specified
person or to the holder of a specified office.
(4) A delegation under
subclause (3) may be made subject to such conditions and restrictions as
the Minister thinks fit and specifies in the instrument of delegation.
(5) A delegation by a
Minister under subclause (3) is revocable at will, and does not derogate
from the power of the Minister to act personally in any matter.
(6) If a Minister or
agency approves a term of a contract in accordance with subclause (2),
the Minister or agency must, as soon as practicable, notify the Minister
administering this Act, in writing, of that fact.
(7) The Minister
administering this Act must, in a report under section 54, state the
number of contracts containing terms approved in accordance with
subclause (2) during the period to which the report relates.
14—Documents affecting the economy of the State
A document is an exempt document if it contains matter the disclosure of
which—
(a)
could reasonably be expected—
(i)
to have a substantial adverse effect on the ability of
the Government or an agency to manage the economy, or any aspect of the
economy, of the State; or
(ii)
to expose any person or class of persons to an unfair
advantage or disadvantage as a result of the premature disclosure of
information concerning any proposed action or inaction of the Parliament, the
Government or an agency in the course of, or for the purpose of, managing the
economy of the State; and
(b)
would, on balance, be contrary to the public interest.
15—Documents affecting financial or property interests
A document is an exempt document if it contains matter the disclosure of
which—
(a)
could reasonably be expected to have a substantial adverse effect on the
financial or property interests of the State or an agency; and
(b)
would, on balance, be contrary to the public interest.
16—Documents concerning operations of agencies
(1) A document is an
exempt document if it contains matter the disclosure of which—
(a)
could reasonably be expected—
(i)
to prejudice the effectiveness of any method or procedure
for the conduct of tests, examinations or audits by an agency; or
(ii)
to prejudice on the attainment of the objects of any
test, examination or audit conducted by an agency; or
(iii)
to have a substantial adverse effect on the management or
assessment by an agency of the agency's personnel; or
(iv)
to have a substantial adverse effect on the effective
performance by an agency of the agency's functions; or
(v)
to have a substantial adverse effect on the conduct of
industrial relations by an agency; and
(b)
would, on balance, be contrary to the public interest.
(2) A document is an
exempt document if—
(a) it
relates to an agency engaged in commercial activities; and
(b) it
contains matter the disclosure of which could prejudice the competitiveness of
the agency in carrying on those commercial activities.
17—Documents subject to contempt etc
A document is an exempt document if it contains matter the public disclosure
of which would, but for any immunity of the Crown—
(a)
constitute contempt of court; or
(b)
contravene any order or direction of a person or body having power to receive
evidence on oath; or
(c)
infringe the privilege of Parliament.
18—Documents arising out of companies and securities legislation
A document is an exempt document if it contains matter that appears in—
(a) a
document for the purposes of the Ministerial Council for Corporations that has
been prepared by, or received by an agency or Minister from, the Commonwealth
or another State;
(b) a
document the disclosure of which would disclose the deliberations or decisions
of the Ministerial Council for Corporations, other than a document by which a
decision of the Council has been officially published;
(c) a
document that has been furnished to the Australian Securities and Investments
Commission by the Commonwealth, or by this or any other State, and that
relates solely to the functions of the Commission in relation to the law of
the Commonwealth or the law of this or any other State;
(d) a
document (other than a document referred to in paragraph (c)) that is
held by the Australian Securities and Investments Commission and that relates
solely to the exercise of the functions of the Commission under the law of the
Commonwealth or the law of this or any other State.
19—Private documents in public library or archival collections
(1) A document is an
exempt document—
(a) if
it has been created otherwise than by an agency; and
(b) if
it is held in a public library or archival collection subject to a condition
imposed by the person or body (not being an agency or Minister) by whom it has
been placed in the possession of the library—
(i)
prohibiting its disclosure to members of the public
generally or to certain members of the public; or
(ii)
restricting its disclosure to certain members of the
public.
(2) In this clause a
reference to a public library or archival collection includes—
(a)
State Records;
(b) a
library that forms part of a university, college of advanced education or
college of technical and further education.