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Freedom of Information
 
From 1 October 2009 Cabinet documents between 10 and 20 years old can now be accessed under the following policy, Premier and Cabinet Circular 31: Freedom of Information Release of Cabinet Documents under the Ten Year Rule.

This policy is known as the Ten Year Rule and covers Cabinet submissions, Cabinet notes and Cabinet agendas created between 10 and 20 years ago that were submitted to Cabinet. A specific Application for Access to Cabinet Documents form has been developed for access to these Cabinet records.

Applications for access to information under FOI must be in writing and addressed to the Accredited FOI Officer, Level 3, SA Water, SA Water House, 250 Victoria Square, Adelaide.


Forms for FOI applications may be found on the State Records of South Australia web site.


1. What is Freedom of Information (FOI)?

FOI is the legally enforceable right of members of the community to access official records held by SA Water and to ensure that records held by the Corporation concerning their personal affairs are not incomplete, incorrect, out of date or misleading. The Freedom of Information Act was passed by the South Australian Government in 1991 to make the business of government open and accountable.


2. How to apply for access to Information under FOI?

Applications for access to information under FOI must be in writing and addressed to the Accredited FOI Officer, Level 3, SA Water, SA Water House, 250 Victoria Square, Adelaide.

Forms for FOI applications may be found on the State Records of South Australia web site.


3. How much does it cost?

A $28.75 fee must accompany each application unless special circumstances (refer clause 9 below) exist. In dealing with an application the first two hours spent by the agency are at no cost; for each subsequent 15 minutes the agency may charge $10.70. If information is provided in hard copy a charge of 15 cents per copy may be charged.

4. How long will it take to process an FOI application?

Applications are processed as quickly as possible. The FOI Act requires that a response to an application must be made within 30 calendar days of receipt.


5. How will the information be provided?

Information sought may be accessed as follows:

  • A copy of the records being supplied
  • Inspection of the records at SA Water premises (records include documents, audio and video tapes, transcripts, computer files)

6. What type of information may not be available under FOI?

Although the aim is to grant access to the maximum amount of information some documents could be exempted under Schedule 1 of the Act. These include:

  • Cabinet documents
  • Documents affecting law enforcement and public safety
  • Documents affecting personal affairs
  • Documents affecting business affairs
  • Documents affecting conduct of research
  • Internal working documents
  • Documents subject to legal professional privilege
  • Documents containing confidential material
  • Documents affecting financial or property interests
  • Documents concerning operations of the agency

7. What if the applicant is dissatisfied with the information provided?

If a person is dissatisfied with the determination made by the designated FOI Officer, they may apply for an internal review by the Principal Officer (Chief Executive). The application must be lodged within 30 days of the determination, must be in writing and be accompanied by a $26.75 fee. The address is:


Chief Executive
Principal Officer FOI
SA Water Corporation
250 Victoria Square
Adelaide SA 5000


If the Principal Officer made the determination, the applicant may request an external review by the Ombudsman. The application for a review must be lodged within 30 days after notice of the determination. The address of the Ombudsman is:


Ombudsman
8th Floor
50 Grenfell Street
Adelaide SA 5000


A person who is dissatisfied with the determination may also appeal against the determination to a District Court. However, if a review was sought by the Ombudsman, an appeal to the court cannot be commenced until that application has been completed.


8. How can inaccurate information be corrected?

If the information held by SA Water about a person is incomplete, incorrect out of date or misleading contact the FOI Officer to discuss the matter. Correction of records will be undertaken at no cost to the applicant and a refund of fees and charges for the FOI request including any review costs will be made.


9. In what circumstances will the fees be waived?

Fees and charges may be waived under the Act if the applicant is:

  • The holder of a pensioner concession card
  • Is in receipt of unemployment or sickness benefits
  • Is a student
  • Able to satisfy the agency on grounds of financial hardship

A Member of Parliament is entitled to access information without charge for work involving up to $1000.

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Copyright © SA Water, 2004 ABN 69 336 525 019 Last Updated: Thursday, 1 Jul, 2010