South Australian Current Acts

FREEDOM OF INFORMATION ACT 1991 - SECT 41

41—Consideration of restricted documents

        (1)         In any proceedings under this Division in which it is claimed that a document is a restricted document, SACAT must, on the application of—

            (a)         the agency concerned; or

            (b)         if the agency concerned is a State Government agency—the Minister administering this Act,

receive evidence and hear argument in the absence of the public, the other party to the review and, where in the opinion of SACAT it is necessary to do so in order to prevent the disclosure of any exempt matter, the party's representative.

        (2)         If SACAT is not satisfied, by evidence on affidavit or otherwise, that there are reasonable grounds for the claim, it may require the document to be produced in evidence before it.

        (3)         If the agency concerned is a State Government agency, the Minister administering this Act is a party to the proceedings, and SACAT must not determine the review unless SACAT has given the Minister a reasonable opportunity to appear and be heard in relation to the matter and has given due weight to any submissions made by or on behalf of the Minister.