South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"accredited FOI officer", in relation to an agency, means—
(a) the
principal officer of the agency; or
(b) an
officer of the agency who—
(i)
has completed training of a type approved by the Minister
for an accredited FOI officer; and
(ii)
has been designated by the principal officer of the
agency as an accredited FOI officer of the agency; and
(iii)
—
(A) in relation to an administrative unit
under the Public Sector Management Act 1995 —is employed in an
executive position under that Act or in a position that usually reports to an
executive; or
(B) in relation to South Australia
Police—is an officer in South Australia Police; or
(C) in relation to any other
agency—is employed in a position that usually reports to the
principal officer of the agency or to the deputy or immediate delegate of the
principal officer;
"agency" means—
(a) a
Minister of the Crown; or
(b) a
person who holds an office established by an Act; or
(c) an
administrative unit under the Public Sector Management Act 1995 ; or
(d)
South Australia Police; or
(e) a
council; or
(f) any
incorporated or unincorporated body—
(i)
established for a public purpose by an Act; or
(ii)
established for a public purpose under an Act (other than
an Act providing for the incorporation of companies or associations,
co-operatives, societies or other voluntary organisations); or
(iii)
established or subject to control or direction by the
Governor, a Minister of the Crown or any instrumentality or agency of the
Crown or a council (whether or not established by or under an Act or an
enactment); or
(g) a
person or body declared by the regulations to be an agency,
but does not include an exempt agency;
"council" means a municipal or district council;
"court" includes a justice;
"District Court" means the Administrative and Disciplinary Division of the
District Court;
"document" includes anything in which information is stored or from which
information may be reproduced;
"exempt agency" means—
(b) a
person or body referred to in Schedule 2 or a person or body referred to in
that Schedule in respect of functions or classes of information specified in
that Schedule; or
(c) an
agency declared by regulation to be an exempt agency or declared by regulation
to be an exempt agency in respect of functions or classes of information
specified in the regulation;
"exempt document" means a document that is an exempt document by virtue of
Schedule 1;
"government" includes local government, and
"intergovernmental" has a corresponding meaning;
"member of the public" includes an incorporated or unincorporated body or
organisation;
"officer" of an agency includes—
(a) a
member of the agency;
(b) the
principal officer of the agency;
(c) any
person employed in, or for the purposes of, the agency;
"personal affairs" of a person includes that person's—
(a)
financial affairs;
(b)
criminal records;
(c)
marital or other personal relationships;
(d)
employment records;
(e)
personal qualities or attributes,
but does not include the personal affairs of a body corporate;
"policy document", in relation to an agency, means—
(a) a
document containing interpretations, rules, guidelines, statements of policy,
practices or precedents; or
(b) a
document containing particulars of any administrative scheme; or
(c) a
document containing a statement of the manner, or intended manner, of
administration of any legislative instrument or administrative scheme; or
(d) a
document describing the procedures to be followed in investigating any
contravention or possible contravention of any legislative instrument or
administrative scheme; or
(e) any
other document of a similar kind,
that is used by the agency in connection with the exercise of such of its
functions as affect or are likely to affect rights, privileges or other
benefits, or obligations, penalties or other detriments, to which members of
the public are or may become entitled, eligible, liable or subject, but does
not include a legislative instrument;
"principal officer", in relation to an agency, means—
(a) if
the agency consists of a single person (including a corporation sole but not
any other body corporate)—that person;
(b) if
the agency consists of an unincorporated board or committee—the
presiding officer;
(c) in
any other case—the chief executive officer of the agency or a person
designated by the regulations as principal officer of the agency;
"responsible Minister" in relation to a State Government agency means the
Minister responsible for administration of the agency or the legislative
instrument under which it is established and, if there is no such Minister, a
Minister designated by the regulations as the responsible Minister or, in the
absence of such a designation, the Minister responsible for the administration
of this Act;
"restricted document" means a document that is an exempt document by virtue of
Part 1 of Schedule 1;
"State" includes Territory;
"State Government agency" means an agency other than a council or a prescribed
person or body;
"State Records" means the office of State Records established under the State
Records Act 1997 ;
"tribunal" means any body (other than a court) invested by the law of the
State with judicial or quasi-judicial powers.
(2) The holder of an
office or a body that forms part, or is established for the purposes, of an
agency is not to be regarded as constituting a separate agency.
(3) A reference in
this Act to documents held by or in the possession of an agency is, where the
agency is a Minister, a reference only to such of those documents as relate to
agencies for which the Minister is responsible.
(4) An agency is to be
taken to hold a document if the agency has an immediate right of access to the
document.
(5) Where—
(a) an
agency holds information in computer storage; and
(b) a
particular document is capable of being produced by the computer on the basis
of information so stored,
the agency is to be taken to hold that document.