Civil Liability Variation Regulations 2015 (SA)

South Australia

Civil Liability Variation Regulations 2015

under the Civil Liability Act 1936

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Civil Liability Regulations 2013

4            Insertion of Part 5

Part 5—Miscellaneous

26          Prescribed information (Section 75A of Act)

Part 1—Preliminary

1—Short title

These regulations may be cited as the Civil Liability Variation Regulations 2015.

2—Commencement

These regulations will come into operation on the day on which section 75A of the Civil Liability Act 1936 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Civil Liability Regulations 2013

4—Insertion of Part 5

After regulation 25 insert:

Part 5—Miscellaneous

26—Prescribed information (Section 75A of Act)

(1)For the purposes of section 75A of the Act, the following information is prescribed:

(a)information (other than information relating to the personal affairs of a person) contained in a document to which access has been granted pursuant to an application under the Freedom of Information Act 1991;

(b)information contained in a document of a kind to which access would (having regard to any policy document applicable to the relevant agency) be likely to be granted pursuant to an application under the Freedom of Information Act 1991;

(c)information contained in contracts or other documents disclosed pursuant to a policy document;

(d)information released pursuant to a disclosure policy (however described) that applies to the whole of Government;

(e)information released in accordance with the Declaration of Open Data;

(f)information consisting of submissions from members of the public made in the course of consultation undertaken by the Government.

(2)In this regulation—

Declaration of Open Data means the Declaration of Open Data made by the Premier in September 2013, as in force from time to time;

personal affairs has the same meaning as in the Freedom of Information Act 1991;

policy document 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)any other document of a similar kind,

applicable to a public sector agency and relating to the disclosure of information held by the agency.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 10 September 2015

No 206 of 2015

AGO0108/15CS