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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Freedom of Information (Offences) Amendment
Bill 2015
A BILL FOR
An Act to amend the
Freedom
of Information Act 1991
.
Contents
Part 2—Amendment of Freedom of
Information Act 1991
3Insertion of Part 3 Division 4
29AImproper
directions and influence
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Freedom of Information (Offences) Amendment
Act 2015.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Freedom of Information
Act 1991
3—Insertion
of Part 3 Division 4
After section 29 insert:
Division 4—Offences
29A—Improper directions and
influence
(1) A person who,
in relation to an application for access to an agency's
documents—
(a) directs a prescribed officer of the agency to make a decision or
determination for the purposes of this Act that the person knows, or ought
reasonably to have known, is not a decision or determination that the officer
should, in the circumstances, make; or
(b) directs a prescribed officer of the agency to act in a manner that the
person knows, or ought reasonably to have known, is inconsistent with
section 3 or is otherwise contrary to the requirements of this Act;
or
(c) improperly influences (whether directly or indirectly) the making of a
decision or determination for the purposes of this Act by a prescribed officer
of the agency,
is guilty of an offence.
Maximum penalty: $20 000.
(2) A prescribed
officer of an agency who (whether in relation to a particular application for
access to the agency's documents or in relation to such applications
generally)—
(a) is given a direction that he or she suspects is a direction
contemplated by
subsection (1)
; or
(b) becomes aware of an attempt to improperly influence him or her in
relation to his or her functions under this Act,
must, as soon as is reasonably practicable, report the matter to the Office
of Public Integrity.
Maximum penalty: $10 000.
(3)
Subsection (2)
does not apply to a prescribed officer in relation to a particular matter
if he or she has reported the matter to the Office of Public Integrity in
accordance with the
Independent
Commissioner Against Corruption Act 2012
.
(4) A report under
subsection (2)
—
(a) must be made in a manner and form determined by the Commissioner;
and
(b) may, if the Commissioner considers it appropriate to do so, be dealt
with under the
Independent
Commissioner Against Corruption Act 2012
as if it were a report made under that Act.
(5) The
Commissioner must, by notice in writing, advise the President of the Legislative
Council and the Speaker of the House of Assembly of the receipt of a report
under
subsection (2)
.
(6) The President of the Legislative Council and the Speaker of the House
of Assembly must, on the next sitting day after receiving a notice under
subsection (5)
, lay it before their respective Houses.
(7) This section is in addition to, and does not derogate from, the
Independent
Commissioner Against Corruption Act 2012
or any other Act or law.
(8) In this section—
Commissioner, inquiry agency and law
enforcement agency have the same meanings as in the
Independent
Commissioner Against Corruption Act 2012
;
Office of Public Integrity means the Office of Public
Integrity established under the
Independent
Commissioner Against Corruption Act 2012
;
prescribed officer, of a particular agency,
means—
(a) an accredited FOI officer in relation to the agency; or
(b) any other officer of the agency who is, in respect of a particular
application for access to the agency's documents, required or permitted to make
a decision or determination under this Act.