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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Freedom of Information (Victimisation and Interference)
Amendment Bill 2009
A BILL FOR
An Act to amend the Freedom of Information Act 1991.
Contents
Part 1—Preliminary
1 Short
title
2 Amendment provisions
Part 2—Amendment of Freedom of Information
Act 1991
3 Amendment of section 14—Applications to be
dealt with by certain persons and within certain time
4 Amendment of section
29—Internal review
5 Insertion of sections 49A, 49B and
49C
49A Victimisation
49B Interference
with application etc
49C Confidentiality of
applications
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Freedom of Information (Victimisation and
Interference) Amendment Act 2009.
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—Amendment of
section 14—Applications to be dealt with by certain persons and within
certain time
Section 14—after subsection (1) insert:
(1a) An accredited FOI officer is not subject to direction in relation to
the exercise of an administrative discretion under this Part.
4—Amendment of
section 29—Internal review
Section 29(6)—delete subsection (6) and substitute:
(6) A determination is not subject to review under this section if it is
made by the principal officer of the agency.
5—Insertion of
sections 49A, 49B and 49C
After section 49 insert:
49A—Victimisation
(1) A person who causes detriment to another on the ground, or
substantially on the ground, that the other person or a third person has carried
out functions or exercised powers under this Act commits an act of
victimisation.
(2) An act of victimisation under this Act may be dealt
with—
(a) as a tort; or
(b) as if it were an act of victimisation under the Equal Opportunity
Act 1984,
but, if the victim commences proceedings in a court seeking a remedy in
tort, he or she cannot subsequently lodge a complaint under the Equal
Opportunity Act 1984 and, conversely, if the victim lodges a complaint
under that Act, he or she cannot subsequently commence proceedings in a court
seeking a remedy in tort.
(3) Where a complaint alleging an act of victimisation under this Act has
been lodged with the Commissioner for Equal Opportunity and the Commissioner is
of the opinion that the subject matter of the complaint has already been
adequately dealt with by a competent authority, the Commissioner may decline to
act on the complaint or to proceed further with action on the
complaint.
(4) In this section—
detriment includes—
(a) injury, damage or loss; or
(b) intimidation or harassment; or
(c) discrimination, disadvantage or adverse treatment in relation to a
person's employment; or
(d) threats of reprisal.
49B—Interference with application
etc
(1) Despite any other Act or law, a person must not—
(a) seek to influence the decision of an accredited FOI officer in respect
of a particular application under this Act; or
(b) seek information from any other person if disclosure of the
information would constitute a contravention of section 49C.
Maximum penalty: $5 000.
(2) Subsection (1)(a) does not apply in relation to—
(a) the development, maintenance and implementation of appropriate
training programs (in accordance with section 54A or otherwise);
or
(b) any legal advice provided to an accredited FOI officer for the
purposes of this Act; or
(c) any consultation required (under this or any other Act) to be
undertaken in relation to an application under this Act.
49C—Confidentiality of
applications
A person who is directly or indirectly involved in dealing with an
application under this Act must not divulge or communicate information in
respect of the application (including information as to the fact that a
particular application has been made, or of the nature of the information sought
by the application) except—
(a) as required or authorised by or under this Act or any other Act or
law; or
(b) where such disclosure is necessary for the purpose of dealing with the
application; or
(c) with the consent of the applicant.
Maximum penalty: $5 000.