South Australian Consolidated Acts

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FREEDOM OF INFORMATION ACT 1991 - SECT 25

25—Documents affecting inter-governmental or local governmental relations

        (1)         This section applies to a document that contains matter concerning the affairs of—

            (a)         the Government of the Commonwealth or of another State; or

            (b)         a council (including a council constituted under a law of another State).

        (2)         An agency must not give access under this Act to a document to which this section applies unless the agency has taken such steps as are reasonably practicable to obtain the views of the Government or council concerned as to whether or not the document is an exempt document by virtue of clause 5 of Schedule 1.

        (2a)         However, if the agency is a council, subsection (2) does not apply in relation to documents that only contain matter concerning the affairs of that council.

        (3)         If—

            (a)         an agency determines, after having sought the views of the Government or council concerned, that access to a document to which this section applies is to be given; and

            (b)         the views of the Government or council concerned are that the document is an exempt document by virtue of clause 5 of Schedule 1,

the agency must—

            (c)         forthwith give written notice to the Government or council concerned—

                  (i)         that the agency has determined that access to the document is to be given; and

                  (ii)         of the rights of review and appeal conferred by this Act in relation to the determination; and

                  (iii)         of the procedures to be followed for the purpose of exercising those rights; and

            (d)         defer giving access to the document until after the expiration of the period within which an application for a review or appeal under this Act may be made or, if such an application is made, until after the application has been finally disposed of.



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