Freedom of Information Act 1991

In this Act, unless the contrary intention appears—

the principal officer of the agency; or

an officer of the agency who—

has completed training of a type approved by the Minister for an accredited FOI officer; and

has been designated by the principal officer of the agency as an accredited FOI officer of the agency; and

—

in relation to an administrative unit of the Public Service—is an executive employee or an employee who usually reports to an executive employee; or

in relation to South Australia Police—is an officer in South

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;

a

a person who holds an office established by an Act; or

an administrative unit of the Public Service; or

South

a council; or

an incorporated or unincorporated body—

established or continued in existence for a public purpose by an Act; or

established or continued in existence 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

subject to control or direction by the Governor, a Minister of the Crown or other instrumentality or agency of the Crown or a council (whether or not the body is established or continued in existence by or under an Act); or

an assessment panel appointed or constituted under Part 6 Division 2 of the Planning,

a person or body declared by the regulations to be an agency, but does not include an exempt agency;

a person or body referred to in Schedule

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;

a member of the agency;

the principal officer of the agency;

any person employed in, or for the purposes of, the agency;

financial affairs;

criminal records;

marital or other personal relationships;

employment records;

personal qualities or attributes, but does not include the personal affairs of a body corporate;

a document containing interpretations, rules, guidelines, statements of policy, practices or precedents; or

a document containing particulars of any administrative scheme; or

a document containing a statement of the manner, or intended manner, of administration of any legislative instrument or administrative scheme; or

a document describing the procedures to be followed in investigating any contravention or possible contravention of any legislative instrument or administrative scheme; or

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;

if the agency consists of a single person (including a corporation sole but not any other body corporate)—that person;

if the agency consists of an unincorporated board or committee—the presiding officer;

in any other case—the chief executive officer of the agency or a person designated by the regulations as principal officer of the agency;

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.

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.

An agency is to be taken to hold a document if the agency has an immediate right of access to the document.

Where—

an agency holds information in computer storage; and

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.

An agency is not to be taken to hold a document while the document is held by or in the possession of an exempt agency for which the agency is responsible.