Read a selection of the Ombudsman’s Freedom of Information external review determinations.

These determinations show the types of external reviews regularly conducted by the Ombudsman, and provide insight into the Ombudsman’s interpretation of the Freedom of Information Act 1991.

January

Adelaide Hills Council (2021/06161)  (PDF, 177.6 KB)
External review in relation to the Adelaide Hills Council’s 26 May 2020 decision to close a number of roads for the purpose of a 2021 car rally.

Department for Health and Wellbeing (2021/06514) (PDF, 98.6 KB)
External review of deemed refusal concerning COVID information, where no documents in scope.

March

Department of the Premier and Cabinet (2021/07312) (PDF, 136.7 KB)
External review in relation to the use of data, website redirections, Facebook advertising and NationBuilder.

SA Police (2022/00129) (PDF, 87.1 KB)
The agency refused the applicant’s request for access to documents regarding the efficacy of mask-wearing in lessening the transmission of COVID-19. The Ombudsman determined to vary the agency’s decision.

June

Department for Environment and Water (2022/00666) (PDF, 170.3 KB)
External review in relation to the National Trust SA, highlighting issues arising from the broad construction of the Cabinet exemption.

Department for Health and Wellbeing (2022/01051) (PDF, 106.2 KB)
Further external review where the agency was taken to have refused access to documents following the Ombudsman’s determination, and the agency failed to justify its refusal of access.

July

Department for Child Protection (2022/01450 (PDF, 107.5 KB)
External review in relation to disclosure of the Department for Child Protection Practice Manual, highlighting the distinction between access required under section 10 and access determined upon application.

Department for Correctional Services (2022/01991) (PDF, 633.0 KB)
Review of agency’s decision to refuse to waive numerous FOI application fees. The Ombudsman determined that it was fair and reasonable to waive the fees.

Department of Treasury and Finance (2022/00548) (PDF, 313.4 KB)
External review in relation to documents associated with the investigation into allegations of bullying by former Minister Wingard.

November

Department for Correctional Services (2022/04667) (redacted) (PDF, 130.1 KB)
External review of a determination to refuse to deal with three FOI applications lodged by the applicant.