The Attorney-General’s Department fully supports the objectives of the Freedom of Information Act 1991, which aims to make the business of government open and accountable to the public.
What is Freedom of Information?
The Freedom of Information Act 1991 gives you a legal right to:
- request access to documents held by state government agencies, government ministers, local councils or state universities
- request changes to documents about you which are incomplete, incorrect, out-of-date or misleading
- seek a review of a decision made by a state government agency, government minister, local council or university.
State Records of South Australia provides general advice to members of the public and to government agencies about freedom of information.
Our information statement
Pursuant to the provisions of Section 9(2) of the Freedom of Information Act 1991, the following details are provided as part of the information statement of the Attorney-General’s Department which is an agency as defined under Section 4(1) (e) of the Act.
AGD consists of a number of business units. This includes independent statutory offices and statutory bodies. Find out more.
The following changes occurred from 1 July 2024:
Outgoing agencies from the Attorney-General’s Department | |
---|---|
| The Department of the Premier and Cabinet |
Several business units within the Attorney-General's Department are exempt or partially exempt from FOI under Schedule 2 of the Act:
- the Attorney-General (for matters related to enforcement of criminal law)
- the Independent Commissioner Against Corruption (ICAC)
- the Office for Public Integrity (OPI)
- the Solicitor-General, Crown Solicitor, Director of Public Prosecutions and Commissioner for Victim’s Rights
- the Ombudsman
- the Public Trustee - when undertaking functions as executor, administrator or trustee.
The following business units in AGD are partially exempt pursuant to the Freedom of Information (Exempt Agency) Regulations 2023:
- the Small Business Commissioner
- Office of the Public Advocate.
Judicial functions of courts and tribunals
The FOI Act does not apply to the judicial functions of courts and tribunals (s6).
The following business units in AGD are subject to s6 of the Act:
- South Australian Civil and Administrative Tribunal (SACAT)
- South Australia Employment Tribunal (SAET).
Documents held by AGD fall broadly into the following categories:
- corporate files containing correspondence, memoranda and minutes on all aspects of the department's operations
- policies, procedures and guidelines prescribing the way various activities and programs are to be performed - AGD corporate policies (PDF, 211.1 KB)
- personnel files relating to the department's employees
- accounting and financial reports relating to the running of the department
- departmental annual reports, strategic plans and policy reports
- minutes of meetings and terms of reference
- documents relating to the functions of the department's divisions and statutory authorities.
This list does not mean all documents are accessible (in full or in part) and requests will be considered in accordance with the Freedom of Information Act 1991.
While most documents are available in hard copy, there are some that may only be available electronically.
Some documents may be subject to legislative confidentiality provisions that may limit or preclude release, including documents that fall under the secrecy provisions of section 96(A) of the Fair Trading Act 1987 or section 271 of the Work Health and Safety Act 2012.
Free of charge
The following types of documents are publicly available free of charge and/or are published on agency's websites and are available by contacting the individual agencies:
- brochures
- pamphlets
- posters
- information packs
- applications forms for services
- discussion papers
- strategic plans
- newsletters
- fact sheets
- crime statistics
- media releases
- annual reports
- SA legislation - www.legislation.sa.gov.au.
For purchase
Some AGD business units have documents available for purchase. View the fact sheet below containing a list of documents available for purchase and the instructions on how to purchase (including contact details).
The Freedom of Information Act 1991 gives you a legal right to request access to documents held by state government agencies.
Making an application
Applications to access documents held by AGD must be made in writing. You can either:
You will need to specify:
- that your application is being made under the Freedom of Information Act 1991
- the documents you want - or detail the matter they relate to
- whether the documents contain information of a personal nature
- the sort of access you would like (e.g. inspecting the document at an arranged location or having a copy made).
You will also need to include:
- the application fee (exemptions apply for Member of Parliament, pensioners or health care card holders)
- an address in Australia where the information will be sent
You may also be asked to provide evidence of your identity.
Submitting your application
If you choose to complete the online application form, your request will be submitted automatically.
For other options, you can send your application to:
The Accredited FOI Officer
Attorney-General’s Department
GPO Box 464
South Australia 5001
The Freedom of Information Act 1991 gives you a legal right to request changes to documents about you which are incomplete, incorrect, out-of-date, or misleading.
Making an application
Applications to amend a document held by AGD must be made in writing. You can either:
- submit your request online
- complete and submit an amendment application form
- write a letter.
You will need to :
- specify that your application is being made under the Freedom of Information Act 1991
- clearly identify the record to be amended
- provide the relevant information for the records to be amended.
- include an address in Australia where information can be sent.
Where to send applications
If you choose to complete the online application form, your request will be submitted automatically.
For other options, you can send your application to:
The Accredited FOI Officer
Attorney-General’s Department
GPO Box 464
South Australia 5001
If you are refused access to all or part of a document you requested access to, you will be informed of the reasons why and advised of your rights to seek a review or appeal.
You can also seek a review or appeal if you have applied for your personal records to be amended under FOI and this has been refused.
You can download a copy of an application for review of an FOI determination (decision) on the State Records website.
You can seek further details about reviewing FOI determinations from:
Ombudsman SA
Phone: 8226 8699
Toll Free: 1800 182 150 (within SA)
Email: ombudsman@ombudsman.sa.gov.au
South Australian Civil and Administrative Tribunal (SACAT)
Phone: 1800 723 767
Email: sacat@sacat.sa.gov.au
You can pay your application fee by:
- cheque or money order (include with your application)
- credit card
- EFT.
Once your payment by EFT or credit card has been processed, you must notify AGD Freedom of Information by emailing freedomofinformation@sa.gov.au. Processing your application will not commence until confirmation of your payment has been received.
Credit card
Enter your payment and card details and confirm the correct amount is paid to ensure your application is processed promptly.
EFT
Please include “FOI-your name” in the bank reference field.
ANZ Bank
AGD Corporate Account
BSB: 015-101
Account No: 838539341
Contact an accredited FOI officer
Availability: 8:45am - 5:00pm, Monday to Friday
Minister Maher
Attorney-General's Department
Email: freedomofinformation@sa.gov.au
Phone: (08) 7322 7962
Minister Michaels
Email: MinisterMichaels@sa.gov.au
Phone: (08) 7322 7060