| 1. |
Preamble As a body corporate established by an Act of the South
Australian Parliament, Flinders University is subject
to the South Australian Freedom of Information Act 1991.
The objectives of the Freedom of Information Act are
to extend, as far as possible, the rights of the public
to:
1.1 obtain access to information held by the
Government;
1.2 ensure that records held by the Government
concerning their personal affairs are not incomplete,
incorrect, out-of-date or misleading. |
| 2. |
Definitions
The following definitions apply to this policy and
associated procedures:
2.1 "FOI" means Freedom of Information;
2.2 "FOI Act" means South Australian Freedom
of Information Act 1991;
2.3 "Officer" means a member of the staff of
the University;
2.4 "Organisational unit" means discrete section
of the University (eg Faculty, School, Department, Division);
2.5 "The University" includes all members of
the academic and general staff of the University and
any part of the University that exists or operates by
virtue of, or subject to, the authority of the Council;
2.6 "University document" - the FOI Act defines
a document as including:
"Anything in which information is stored or
from which information may be reproduced."
This includes written information, information stored
in a computer or by other electronic means, audio and
video tapes, films and information in shorthand writing
or in codified form. The information can be in the form
of a complete document or part of a document.
The FOI Act applies to any document in the possession,
or under the control, of the University. Such a document
may have been created in, or received by, the University.
This includes a document in the possession, or under
the control, of an officer of the University in that
person's capacity as an employee of the University. |
| 3. |
Statement Of Policy
Subject to the provisions of the FOI Act, the University
will make available:
3.1 to the public, access to information about
the University's policies and activities;
3.2 to individuals, access to information held
about them;
3.3 to individuals, the opportunity to ensure
that information held about them is accurate.
The University is committed to the principles of openness,
accuracy, accountability and responsibility which underpin
the FOI Act, and acknowledges an affirmative responsibility
to implement the intent of the Act beyond simple compliance
with its mandatory requirements.
To the greatest extent possible, the University will
attempt to meet all reasonable requests for access to
information and for the amendment of records through
its normal administrative procedures, so that formal
applications under the provisions of the FOI Act will
not be necessary. This has the benefit of facilitating
access to, and/or amendment of, information with minimal
administrative delay and cost.
Formal applications under the provisions of the FOI
Act will normally only be made if the applicant chooses
to apply in this way or the University wishes to use
the grounds for exemption and/or the legal protections
which the FOI Act provides. |
| 4. |
Exemptions
The FOI Act provides for certain documents or parts
of documents to be exempted, which means that they would
not be released to an FOI applicant. Schedule 1 of the
FOI Act specifies the categories of exemption which
include information relating to:
(a) the business affairs of individuals or
organisations;
(b) the conduct of research;
(c) the personal affairs of individuals;
(d) confidential matters;
(e) internal working documents.
Some of the categories of exemption also require the
University to decide whether or not the release of a
document, or part of a document, would be in the public
interest. In considering FOI applications the University
is required to determine, in accordance with the provisions
of the Act, whether any of the documents, or parts of
the documents, requested are exempt. To the greatest
extent possible, the University will work within the
provisions of the FOI Act to ensure that the number
of documents able to be identified as exempt is kept
to a minimum. |
| 5. |
Delegation Of Decision Making
Under the terms of the FOI Act the principal officer
is responsible for ensuring compliance with its provisions.
For the purposes of the Act, the principal officer of
the University is the Vice Chancellor. As such, the
Vice-Chancellor is the person responsible for determining
the outcome of FOI applications. The Vice-Chancellor
has delegated the following responsibilities to other
members of the University staff:
5.1 the FOI Officer is responsible for making
determinations about release of documents, charging
of fees and amendment of records in accordance with
the provisions of the FOI Act. In fulfilling this responsibility,
the FOI Officer deals with prospective FOI applicants
and liaises with organisational units concerning access
to documents. The FOI Officer is authorised to enter
into a confidential relationship with applicants or
prospective applicants and will not be required to reveal
the purpose of an application, if known, without the
express agreement of the applicant;
5.2 heads of organisational units are responsible
for establishing procedures for the location and retrieval
of information held in their areas. If information requested
under the terms of the FOI Act cannot be located, a
written statement to that effect must be provided to
the FOI Officer which certifies that all reasonable
steps have been taken to locate the information.
The Vice-Chancellor retains responsibility for determining
applications for internal review lodged in accordance
with the FOI Act. |
| 6. |
Rights Of Review
An FOI applicant who is dissatisfied with a determination
about the release of information or amendment of records
may apply to the University for a review of a determination.
Applications for internal review are to be lodged with
the Vice-Chancellor.
Applicants who remain dissatisfied following an internal
review have the right to apply to the Ombudsman and
to the District Court for a review of the University's
decision. |
| 7. |
Fees And Charges
The University will apply the fees and charges for
dealing with FOI applications which are established
in Regulations made pursuant to the FOI Act. The Regulations
also provide grounds for waiver or remission of the
fees and charges. |
| 8. |
Publication Of Information
In accordance with the provisions of the FOI Act, the
University will publish and make available:
8.1 an information statement;
8.2 an information summary;
8.3 its policy documents, recognising that it
has an obligation under the FOI Act to publish and make
available any policies which, if enforced, could impose
a detriment on a person. |
|
ADMINISTRATIVE PROCEDURES
The University has established the following administrative
procedures to give effect to the provisions of the Freedom
of Information (FOI) Act and the University's Freedom
of Information policy: |
| 1. |
All requests for information about the FOI Act should
be directed to the Registrar in the first instance:
Registrar and Head, Policy & Secretariat
Second Floor, Registry Building
Flinders University
BEDFORD PARK SA 5042
| Postal address: |
GPO Box 2100
ADELAIDE SA 5001 |
| Phone: |
(08) 8201 2490 |
| Facsimile: |
(08) 8201 3934 |
|
| 2. |
Requests for information about University records
and access to information held by the University should
be directed in the first instance to the relevant organisational
unit or officer for processing in accordance with normal
administrative procedures. When considering such a request
the organisational unit or officer may seek advice from
the FOI Officer. To ensure ready access to information,
heads of organisational units shall establish procedures
for the location and retrieval of information held in
their areas. |
| 3. |
Where access is refused and the person seeking access
wishes to gain information about the FOI Act, he/she
shall be advised to contact the FOI Officer. |
| 4. |
A person who wishes to gain access to information
in accordance with the provisions of the FOI Act shall
be advised to obtain an application form from the FOI
Officer. |
| 5. |
Completed application forms, together with the application
fee, shall be lodged with the FOI Officer in accordance
with the provisions of Section 13 of the FOI Act. Application
and processing fees, and requests for fees to be waived
or remitted, will be administered in accordance with
the Regulations made pursuant to the FOI Act. |
| 6. |
A request for a fee to be waived or remitted shall
be referred to the FOI Officer for consideration and
decision. The University reserves the right to request
an advance deposit in accordance with the provisions
of Section 17 of the FOI Act. |
| 7. |
Applications to amend University records shall be
made in writing to the FOI Officer in accordance with
the provisions of Section 31 of the FOI Act. |
| 8. |
The FOI Officer will acknowledge in writing that
he/she has received an application, and will specify
in the letter of acknowledgment the date on which the
application was received. |
| 9. |
Applications for access to information or amendments
to University records will be processed in accordance with
the provisions of the FOI Act and the University's FOI policy,
and within 30 days from the date of receipt of the application,
pursuant to Section 19 or Section 34 of the FOI Act, as appropriate. |
| 10. |
Determinations about applications made under the
terms of Clauses 5 and 7 above will be made by the FOI
Officer, and will be issued in writing and sent to the
applicant in accordance with Section 23 or Section 36
of the FOI Act, as appropriate. In order to determine
FOI applications the FOI Officer shall, upon request,
be given access to all documentation referred to in
the application. If information requested under the
terms of the FOI Act cannot be located, a written statement
to that effect must be provided to the FOI Officer which
certifies that all reasonable steps have been taken
to locate the information. |
| 11. |
Where access to personal information has been sought,
the FOI Officer will, prior to releasing the information,
require the applicant to furnish documentary evidence
of his/her identity. |
| 12. |
Where the University, in accordance with the provisions
of the FOI Act, refuses to grant access to information
or permission to amend University records, the applicant
may apply to the Vice-Chancellor for an internal review
pursuant to Section 29 or Section 38 of the Act, as
appropriate. Applicants who are refused permission to
amend University records may also add a notation to
those records in accordance with Section 37 of the FOI
Act. |
| 13. |
The Vice-Chancellor will acknowledge in writing
that he/she has received an application for internal
review, and will specify in the letter of acknowledgment
the date on which the application was received. |
| 14. |
Applications for internal review will be processed
in accordance with the provisions of the Act, and within
14 days from the date of receipt of the application. |
| 15. |
Determinations about applications for internal review
will be made by the Vice-Chancellor, and notices of
determination will be issued in writing and sent to
the applicant. In order to determine internal review
applications the Vice-Chancellor shall, upon request,
be given access to all documentation referred to in
the application. |
| 16. |
Applicants who, as an outcome of internal review,
are refused access to information or permission to amend
University records, may seek advice from the FOI Officer
about their rights to apply to the Ombudsman or the
District Court for review of the University's determinations,
in accordance with Sections 39 to 45 of the FOI Act. |
