South Australian Consolidated Acts

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FREEDOM OF INFORMATION ACT 1991 - SECT 20

20—Refusal of access

        (1)         An agency may refuse access to a document

            (a)         if it is an exempt document; or

            (b)         if it is a document that is available for inspection at that or some other agency (whether as part of a public register or otherwise) in accordance with Part 2, or in accordance with a legislative instrument other than this Act, whether or not inspection of the document is subject to a fee or charge; or

            (c)         if it is a document that is usually and currently available for purchase; or

            (d)         if it is a document that—

                  (i)         was not created or collated by the agency itself; and

                  (ii)         genuinely forms part of library material held by the agency; or

            (e)         if it is a document that came into existence before 1 January 1987.

        (2)         Subsection (1)(e) does not permit an agency to refuse access to—

            (a)         a document that contains information concerning the personal affairs of the applicant; or

            (b)         a document that is reasonably necessary to enable some other document (being a document to which the agency has given access under this Act) to be understood; or

            (c)         a document if 20 years have passed since the end of the calendar year in which the document came into existence.

        (4)         If—

            (a)         it is practicable to give access to a copy of a document from which the exempt matter has been deleted; and

            (b)         it appears to the relevant agency (either from the terms of the application or after consultation with the applicant) that the applicant would wish to be given access to such a copy,

the agency must not refuse to give access to the document to that limited extent.



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