South Australian Current Acts

FREEDOM OF INFORMATION ACT 1991 - SECT 40

40—Reviews by SACAT

        (1)         An agency that is aggrieved by a determination made on a review under Division 1 may, with the permission of SACAT, apply for a review under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 of the determination by SACAT.

        (1a)         However, the review may only be as to a question of law and that question must be referred to a Presidential member of the Tribunal under section 26 of the South Australian Civil and Administrative Tribunal Act 2013 .

        (2)         A person (other than an agency)—

            (a)         who is aggrieved by a determination of an agency following an internal review; or

            (b)         who is aggrieved by a determination that is not subject to internal review; or

            (c)         who is aggrieved by a determination made on a review under Division 1,

may apply for a review under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 of the determination by SACAT.

        (3)         Proceedings under this section must be commenced by an agency or person within 30 days after notice of the determination to which the proceedings relate is given to the agency or person or, in the case of a person who was not given notice of the determination, within 30 days after the determination.

        (4)         Where an application for review is made under Division 1, a review by SACAT under this Division cannot be commenced until that application is decided and the commencement of a review by SACAT bars any right to apply for a review under Division 1.

        (5)         The following are parties to proceedings under this section:

            (a)         the agency;

            (b)         in the case of a review by SACAT of a determination of an agency following an internal review or a determination made on a review under Division 1—the applicant for the internal review or review under Division 1;

            (c)         in the case of a review by SACAT of a determination that has not been the subject of an internal review or a review under Division 1—the applicant for the determination.

        (6)         The Ombudsman cannot be a party to proceedings under this section.

        (7)         If, in proceedings under this section—

            (a)         SACAT is advised that the determination of the agency was made on grounds of the public interest; and

            (b)         the Minister administering this Act makes known to SACAT the Minister's assessment of what the public interest requires in the circumstances of the case subject to the review,

SACAT must, in determining the review, uphold that assessment unless satisfied that there are cogent reasons for not doing so.

        (8)         In proceedings under this section—

            (a)         in the case of proceedings commenced by an agency—SACAT must order that the agency pay the other party's reasonable costs; or

            (b)         in any other case—SACAT must not make an order requiring a party to pay any costs of an agency unless SACAT is satisfied that the party acted unreasonably, frivolously or vexatiously in the bringing or conduct of the proceedings.