Freedom of Information (Exempt Agency) Regulations 2008 (SA)

South Australia

Freedom of Information (Exempt Agency) Regulations 2008

under the Freedom of Information Act 1991

1Short title

These regulations may be cited as the Freedom of Information (Exempt Agency) Regulations 2008.

3Interpretation

1. (1)

   In these regulations—

Act means the Freedom of Information Act 1991.

1. (2)

   For the avoidance of doubt, where a provision of these regulations declares an agency to be an exempt agency in respect of a specified class of information, the agency is, from the commencement of the provision, so exempt regardless of whether the information was created or received by the agency before or after that commencement.

4Exempt agencies

For the purposes of the definition of exempt agency in section 4(1) of the Act, the following agencies are declared to be exempt agencies:

1. (b)

   the reviewer appointed under Schedule 4 of the Independent Commissioner Against Corruption Act 2012;

2. (c)

   the Generation Lessor Corporation, the Distribution Lessor Corporation and the Transmission Lessor Corporation established under the Public Corporations Act 1993;

3. (d)

   the commission of inquiry established under the Commission of Inquiry (Children in State Care and Children on APY Lands) Act 2004;

4. (e)

   each agency established by or under the Health and Community Services Complaints Act 2004;

5. (f)

   the investigator appointed pursuant to instrument of appointment dated 22 July 2009 under section 272 of the Local Government Act 1999 to carry out an investigation into the City of Burnside.

5Exempt agencies in respect of certain information – education agencies

1. (1)

   For the purposes of the definition of exempt agency in section 4(1) of the Act, the following agencies are declared to be exempt agencies in respect of comparative student performance information:

   1. (a)

      the Minister responsible for the administration of the SACE Board of South Australia Act 1983;

   2. (b)

      the Minister responsible for the administration of the Education Act 1972;

   3. (ba)

      the Minister responsible for the administration of the Education and Early Childhood Services (Registration and Standards) Act 2011;

   4. (c)

      the Department of Education and Children's Services.

2. (2)

   In this regulation—

children of compulsory education age has the same meaning as in the Education Act 1972;

comparative student performance information means information of any of the following classes (whether presented in a statistical form or otherwise):

1. (a)

   aggregated information relating to the results of any assessments undertaken by senior secondary students or children of compulsory education age;

2. (b)

   aggregated information relating to the tertiary entrance ranks of senior secondary students;

3. (c)

   aggregated information relating to exemptions granted to children of compulsory education age under the Education Act 1972 from a requirement under that Act that the children be enrolled in an approved learning program;

senior secondary students means—

1. (a)

   before the day that section 6 of the Senior Secondary Assessment Board of South Australia (Review) Amendment Act 2008 comes into operation—a student undertaking senior secondary education (within the meaning of the Senior Secondary Assessment Board of South Australia Act 1983); and

2. (b)

   on and from the day that section 6 of the Senior Secondary Assessment Board of South Australia (Review) Amendment Act 2008 comes into operation—a student (within the meaning of the SACE Board of South Australia Act 1983).

6Exempt agency in respect of certain functions and information – South Australian Skills Commission

For the purposes of the definition of exempt agency in section 4(1) of the Act, the South Australian Skills Commission established under section 15 of the South Australian Skills Act 2008 is declared to be an exempt agency in respect of—

1. (a)

   functions set out in section 19(1)(d) of the South Australian Skills Act 2008 regarding complaint handling and dispute resolution, including mediation and advocacy services; and

2. (b)

   information formerly held by the Training Advocate (formerly in existence under the Training and Skills Development Act 2008) relating to functions in respect of which the Training Advocate was an exempt agency under regulation 6 of these regulations as in force immediately before the commencement of this regulation.

7Exempt agencies in respect of certain information – investigation into City of Burnside

For the purposes of the definition of exempt agency in section 4(1) of the Act, the following agencies are declared to be exempt agencies in respect of information relating to the investigation into the City of Burnside carried out by the investigator referred to in regulation 4(f):

1. (a)

   any agency assisting in the investigation;

2. (b)

   the Department of Primary Industries and Resources;

3. (c)

   the Minister for State/Local Government Relations;

4. (d)

   the Department of Planning and Local Government.

8Exempt agency in respect of certain information – SACE Board

1. (1)

   For the purposes of the definition of exempt agency in section 4(1) of the Act, the SACE Board is declared to be an exempt agency in respect of the following classes of information:

   1. (a)

      information relating to the results of students in SACE assessments;

   2. (b)

      comparative school performance information;

   3. (c)

      information comprising, relating to or used in the application of standards of marking (however described) in the assessment of students;

   4. (d)

      information contained in a report prepared by a person or body appointed or established by the SACE Board to determine grade levels, or to ensure consistency in grading, and any information used in the preparation of such a report;

   5. (e)

      information comprising, or relating to, an examination paper for an examination that has not yet occurred at the time of an application under the Act relating to the information;

   6. (f)

      information relating to the assessment of students with disabilities;

   7. (g)

      information relating to the alternative assessment of students on compassionate or other grounds;

   8. (h)

      information used, or to be used, by the SACE Board to determine recipients of prizes, awards or commendations (however described);

   9. (i)

      information received by the SACE Board in the course of, or in relation to, a dispute resolution process (whether relating to a particular student or class of students, and however described);

   10. (j)

       information identifying a member of the SACE Board or a person exercising a power or performing a function under the SACE Board of South Australia Act 1983.

2. (2)

   In this regulation—

comparative school performance information means information of either of the following classes (whether presented in a statistical form or otherwise):

1. (a)

   aggregated information relating to the results of any assessments undertaken by students at a particular school or group of schools;

2. (b)

   aggregated information relating to the tertiary entrance ranks of students at a particular school or group of schools;

SACE Board means the SACE Board of South Australia continued under the SACE Board of South Australia Act 1983.

9Exempt agency in respect of certain information – Small Business Commissioner

For the purposes of the definition of exempt agency in section 4(1) of the Act, the Small Business Commissioner is declared to be an exempt agency in respect of information other than—

1. (a)

   financial and administrative information relating to the operations of the Small Business Commissioner; and

2. (b)

   statistical information that does not identify any particular person or business.

10Exempt agency in respect of certain information – Department of Treasury and Finance

For the purposes of the definition of exempt agency in section 4(1) of the Act, the Department of Treasury and Finance is declared to be an exempt agency in respect of information formerly held by the RESI Corporation (formerly in existence under the Electricity Corporations Act 1994).

11Exempt agency in respect of certain information – CTP Regulator

For the purposes of the definition of exempt agency in section 4(1) of the Act, the CTP Regulator established under the Compulsory Third Party Insurance Regulation Act 2016 is declared to be an exempt agency in respect of the following classes of information:

1. (a)

   information relating to a claim or action under Part 4 of the Motor Vehicles Act 1959;

2. (b)

   information gained under Part 3 of the Compulsory Third Party Insurance Regulation Act 2016 that is confidential information within the meaning of section 17(1) of that Act.

12Exempt agency – Parliamentary Budget Advisory Service

For the purposes of the definition of exempt agency in section 4(1) of the Act, the Parliamentary Budget Advisory Service (to be established as an attached office under the Public Sector Act 2009) is declared to be an exempt agency.

13Exempt agencies in respect of certain functions – functions relating to Parliamentary Budget Advisory Service

For the purposes of the definition of exempt agency in section 4(1) of the Act, each agency that provides information to, or receives information from, the Parliamentary Budget Advisory Service (referred to in regulation 12) in connection with the advisory services provided by the Parliamentary Budget Advisory Service is declared to be an exempt agency in respect of those functions.

14Exempt agency in respect of certain information – Parliamentary Budget Advisory Service

For the purposes of the definition of exempt agency in section 4(1) of the Act, any agency that holds information formerly held by the Parliamentary Budget Advisory Service relating to advisory services provided by the Parliamentary Budget Advisory Service is declared to be an exempt agency in respect of that information.

15Exempt agency in respect of certain functions – Public Advocate

For the purposes of the definition of exempt agency in section 4(1) of the Act, the Public Advocate established under the Guardianship and Administration Act 1993 is declared to be an exempt agency in respect of—

1. (a)

   functions exercised as a guardian; and

2. (b)

   investigations of the affairs of persons under section 28 of the Guardianship and Administration Act 1993; and

3. (c)

   functions under the Advance Care Directives Act 2013 relating to dispute resolution; and

4. (d)

   functions under the Consent to Medical Treatment and Palliative Care Act 1995 relating to dispute resolution.

Legislative history

Notes

• •

  Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

• •

  Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations

  The Freedom of Information (Exempt Agency) Regulations 2008 were revoked by Sch 1 of the Freedom of Information (Exempt Agency) Regulations 2023 on 3.8.2023.

  Legislation revoked by principal regulations

  The Freedom of Information (Exempt Agency) Regulations 2008 revoked the following:

  Freedom of Information (Exempt Agency) Regulations 1993

  Principal regulations and variations

  Year	No	Reference	Commencement
  2008	19	Gazette 28.2.2008 p754	28.6.2008:  r 2
  2008	247	Gazette 4.9.2008 p4246	4.9.2008: r 2
  2009	221	Gazette 20.8.2009 p3768	20.8.2009: r 2
  2011	280	Gazette 15.12.2011 p5075	Pt 10 (r 13)—1.1.2012: r 2
  2012	254	Gazette 13.12.2012 p5545	1.4.2013: r 2
  2013	268	Gazette 5.12.2013 p4449	5.12.2013: r 2
  2014	249	Gazette 9.10.2014 p6096	9.10.2014: r 2
  2014	285	Gazette 18.12.2014 p6878	18.12.2014: r 2
  2017	12	Gazette 16.2.2017 p553	16.2.2017: r 2
  2017	199	Gazette 11.7.2017 p2854	15.7.2017: r 2
  2017	303	Gazette 7.11.2017 p4525	7.11.2017: r 2
  2018	172	Gazette 28.6.2018 p2629	28.6.2018: r 2
  2021	76	Gazette 10.6.2021 p2145	1.7.2021: r 2
  2022	13	Gazette 17.2.2022 p494	17.6.2022: r 2

  Provisions varied

  Entries that relate to provisions that have been deleted appear in italics.

  Provision	How varied	Commencement
  r 2	omitted under Legislation Revision and Publication Act 2002	4.9.2008
  r 3
  r 3(1)	r 3 redesignated as r 3(1) by 221/2009 r 4	20.8.2009
  r 3(2)	inserted by 221/2009 r 4	20.8.2009
  r 4	varied by 221/2009 r 5	20.8.2009
  (a) deleted by 254/2012 r 4	1.4.2013
  (b) deleted by 249/2014 r 4	9.10.2014
  varied by 199/2017 r 4	15.7.2017
  r 5
  r 5(1)	varied by 280/2011 r 13	1.1.2012
  varied by 254/2012 r 5(1)	1.4.2013
  r 5(2)
  senior secondary students	varied by 254/2012 r 5(2)	1.4.2013
  r 6	inserted by 247/2008 r 4	4.9.2008
  substituted by 76/2021 r 4	1.7.2021
  r 7	inserted by 221/2009 r 6	20.8.2009
  r 8	inserted by 254/2012 r 6	1.4.2013
  r 9	inserted by 268/2013 r 4	5.12.2013
  substituted by 285/2014 r 4	18.12.2014
  r 10	inserted by 249/2014 r 5	9.10.2014
  r 11	inserted by 12/2017 r 4	16.2.2017
  rr 12 and 13	inserted by 303/2017 r 4	7.11.2017
  r 14	inserted by 172/2018 r 4	28.6.2018
  r 15	inserted by 13/2022 r 3	17.6.2022
  Sch 1	omitted under Legislation Revision and Publication Act 2002	4.9.2008

  Historical versions

  4.9.2008

  20.8.2009

  1.1.2012

  1.4.2013

  5.12.2013

  9.10.2014

  18.12.2014

  16.2.2017

  15.7.2017

  7.11.2017

  28.6.2018

  1.7.2021