Definition—exempt public sector data

In force

(1)

For the purposes of paragraph (a) of the definition of

exempt public sector data in section 3(1) of the Act, the following public sector agencies are prescribed:

(a)

the Auditor‑General;

(b)

the Crown Solicitor;

(c)

the Director of Public Prosecutions;

(d)

the Ombudsman.

(2)

For the purposes of paragraph (b) of the definition of

exempt public sector data in section 3(1) of the Act, the following data is exempt public sector data:

(a)

data that would be privileged from production in legal proceedings on the ground of legal professional privilege;

(b)

data obtained in confidential circumstances for the purposes of mediation, conciliation or other dispute resolution process undertaken under an

Act or law;

(c)

data created by South Australia Police containing information classified by the Commissioner of Police, in accordance with the provisions of any other Act, as criminal intelligence;

(d)

in relation to proceedings that are being heard, or are to be heard, before a court or tribunal, data—

(i)

prepared for the purposes of the proceedings (including any transcript of the proceedings); or

(ii)

obtained in confidential circumstances for the purposes of mediation, conciliation or some other form of dispute resolution;

(iii)

the disclosure of which would be inconsistent with the Crown acting as a model litigant in the proceedings; or

(iv)

prepared by or on behalf of the court or tribunal (including any order or judgment made or given by the court or tribunal);

(e)

data the public disclosure of which would, but for any immunity of the Crown—

(i)

constitute contempt of court; or

(ii)

contravene any order or direction of a person or body having power to receive evidence on oath; or

(iii)

infringe the privilege of Parliament;

(f)

data the disclosure of which could reasonably be expected to prejudice national security (within the meaning of the

National Security Information (Criminal and Civil Proceedings) Act 2004 of the

Commonwealth).

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.

4 Definition—exempt public sector data