Adelaide University is committed to the fair, open, and transparent access to information as required by the Freedom of Information Act 1991 (SA).
Some documents, or parts of documents, may be exempt from disclosure, with the Act providing a set of guidelines where information may be protected.
These exemptions are designed to safeguard important interests such as personal privacy, confidential information, and other reasons.
A full list of exemption categories is set out in Schedule 1 of the FOI Act.
What types of documents can be exempt?
Documents, in whole or part, may be exempt under the FOI act when they fall within one or more of the exemption categories. This includes, but is not limited to documents that:
- Are subject to legal professional privilege
- Are contracts containing an approved confidentiality clause
- Contain advice, opinions, or recommendations prepared for the purpose of decision-making
- Would unreasonably disclose information about another person’s personal affairs
- Contain trade secrets or information with commercial value
- Contain research results, where disclosure could adversely impact Adelaide University or other parties
- Include information about the business, professional, commercial, or financial affairs of Adelaide University or another person
- Relate to internal assessment processes or staff management procedures
For a complete list of exemptions, please refer to Schedule 1 of the FOI Act.
Public interest considerations
Some exemption categories only apply where releasing the document would, on balance, be contrary to the public interest.
The public interest has been described as something that is of genuine concern or benefit to the community as a whole. It is not usually a matter of individual or private interest, although in some cases it may be.
Further guidance is available in the State Records of South Australia’s guidelines on FOI and the Public Interest test.
Will an exempt document be fully withheld?
Where the University determines that an exemption applies, Adelaide University will take a measured and transparent approach.
- If possible, only exempt information will be redacted (removed or blanked out), while releasing the remainder of the document
- In some cases, redactions may result in the remaining document no longer being meaningful. In this case, the entire document may be withheld.
Adelaide University will avoid applying blanket exemptions wherever practical, and will release documents in part wherever appropriate. This process aligns with Section 20(4) of the FOI Act.
What happens if a document is exempt?
Adelaide University will provide a written explanation wherever a document, either in part or whole, is determined to fall within an exemption category.
You have the right to request a review or appeal of any exemption decision. Please see our page on Your rights to review and appeal for more information.