South Australian Consolidated Acts South Australian Consolidated Acts (1) An agency must
notify an applicant in writing—
(a) of
its determination of his or her application; or
(b) if
the application relates to a document that is not held by the agency—of
the fact that the agency does not hold such a document.
(2) Such a notice must
specify—
(a) the
day on which the determination was made; and
(b)
—
(i)
the name and designation of the officer by whom the
determination was made; and
(ii)
the rights of review and appeal conferred by this Act;
and
(iii)
the procedures to be followed for the purpose of
exercising those rights; and
(c) if
the determination is to the effect that access to a document is to be given
(either immediately or subject to deferral)—the amount of any charge
payable in respect of the giving of access; and
(d) if
the determination is to the effect that the document is an exempt document and
that access is to be given to a copy of the document from which exempt matter
has been deleted—the fact that the document is such a copy and the
provision of Schedule 1 by virtue of which the document is an exempt document;
and
(e) if
the determination is to the effect that access to a document is to be given
subject to deferral—
(i)
the reason for the deferral; and
(ii)
if applicable—the likely period of deferral; and
(f) if
the determination is to the effect that access to a document is refused—
(i)
the reasons for the refusal, including—
(A) the grounds for the refusal under
section 20(1); and
(B) if a ground for the refusal is that the
document is an exempt document—the particular provision of Schedule 1 by
virtue of which the document is an exempt document and, if under the provision
disclosure of the document must, on balance, be contrary to the public
interest in order for the document to be exempt, the reasons why disclosure of
the document would be contrary to the public interest; and
(ii)
the findings on any material questions of fact underlying
the reasons for the refusal, together with a reference to the sources of
information on which those findings are based; and
(g) the
amount of any charge for dealing with the application, together with—
(i)
a statement of any amount payable by the applicant; or
(ii)
a statement of any amount refundable to the applicant,
in relation to the charge, having regard to the sum of any advance deposits
paid in respect of the application.
(3) Where an applicant
applies for access to a document that is an exempt document for reasons
related to criminal investigation or law enforcement, the notice may be given
in a form that neither admits or denies the existence of the document and, if
disclosure of the existence of the document could prejudice the safety of a
person, the notice must be given in that form.
(4) An agency is not
required to include in a notice any matter if its inclusion in the notice
would result in the notice being an exempt document.