South Australia Freedom of Information (Exempt Agency) Regulations 2008 under the Freedom of Information Act 1991 Contents 1 Short title 3 Interpretation 4 Exempt agencies 5 Exempt agencies in respect of certain information--education agencies 6 Exempt agency in respect of certain functions and information--Training Advocate 7 Exempt agencies in respect of certain information--investigation into City of Burnside Legislative history 1--Short title These regulations may be cited as the Freedom of Information (Exempt Agency) Regulations 2008. 3--Interpretation (1) In these regulations-- Act means the Freedom of Information Act 1991. (2) For the avoidance of doubt, where a provision of these regulations declares an agency to be an exempt agency in respect of a specified class of information, the agency is, from the commencement of the provision, so exempt regardless of whether the information was created or received by the agency before or after that commencement. 4--Exempt agencies For the purposes of the definition of exempt agency in section 4(1) of the Act, the following agencies are declared to be exempt agencies: (a) the Senior Secondary Assessment Board of South Australia established under the Senior Secondary Assessment Board of South Australia Act 1983; (b) the RESI Corporation, continued in existence under the Electricity Corporations Act 1994; (c) the Generation Lessor Corporation, the Distribution Lessor Corporation and the Transmission Lessor Corporation established under the Public Corporations Act 1993; (d) the commission of inquiry established under the Commission of Inquiry (Children in State Care and Children on APY Lands) Act 2004; (e) each agency established by or under the Health and Community Services Complaints Act 2004; (f) the investigator appointed pursuant to instrument of appointment dated 22 July 2009 under section 272 of the Local Government Act 1999 to carry out an investigation into the City of Burnside. 5--Exempt agencies in respect of certain information--education agencies (1) For the purposes of the definition of exempt agency in section 4(1) of the Act, the following agencies are declared to be exempt agencies in respect of comparative student performance information: (a) the Minister responsible for the administration of the Senior Secondary Assessment Board of South Australia Act 1983; (b) the Minister responsible for the administration of the Education Act 1972; (ba) the Minister responsible for the administration of the Education and Early Childhood Services (Registration and Standards) Act 2011; (c) the Department of Education and Children's Services. (2) In this regulation-- children of compulsory education age has the same meaning as in the Education Act 1972; comparative student performance information means information of any of the following classes (whether presented in a statistical form or otherwise): (a) aggregated information relating to the results of any assessments undertaken by senior secondary students or children of compulsory education age; (b) aggregated information relating to the tertiary entrance ranks of senior secondary students; (c) aggregated information relating to exemptions granted to children of compulsory education age under the Education Act 1972 from a requirement under that Act that the children be enrolled in an approved learning program; senior secondary students means-- (a) before the day that section 6 of the Senior Secondary Assessment Board of South Australia (Review) Amendment Act 2008 comes into operation--a student undertaking senior secondary education (within the meaning of the Senior Secondary Assessment Board of South Australia Act 1983); and (b) on and from the day that section 6 of the Senior Secondary Assessment Board of South Australia (Review) Amendment Act 2008 comes into operation--a student (within the meaning of the Senior Secondary Assessment Board of South Australia Act 1983). 6--Exempt agency in respect of certain functions and information--Training Advocate (1) For the purposes of the definition of exempt agency in section 4(1) of the Act, the Training Advocate is declared to be an exempt agency in respect of functions set out in clause 2 of the charter (Independent complaint handling process). (2) In this regulation-- charter means the charter establishing the Training Advocate's functions prepared under section 21 of the Training and Skills Development Act 2008 and as in force on 4 September 2008; Training Advocate means the Training Advocate established under section 18 of the Training and Skills Development Act 2008. 7--Exempt agencies in respect of certain information--investigation into City of Burnside For the purposes of the definition of exempt agency in section 4(1) of the Act, the following agencies are declared to be exempt agencies in respect of information relating to the investigation into the City of Burnside carried out by the investigator referred to in regulation 4(f): (a) any agency assisting in the investigation; (b) the Department of Primary Industries and Resources; (c) the Minister for State/Local Government Relations; (d) the Department of Planning and Local Government. Legislative history Notes o Please note--References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. o Earlier versions of these regulations (historical versions) are listed at the end of the legislative history. o For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation revoked by principal regulations The Freedom of Information (Exempt Agency) Regulations 2008 revoked the following: Freedom of Information (Exempt Agency) Regulations 1993 Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2008 19 Gazette 28.2.2008 p754 28.6.2008: r 2 2008 247 Gazette 4.9.2008 p4246 4.9.2008: r 2 2009 221 Gazette 20.8.2009 p3768 20.8.2009: r 2 2011 280 Gazette 15.12.2011 p5075 Pt 10 (r 13)--1.1.2012: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 4.9.2008 r 3 r 3(1) r 3 redesignated as r 3(1) by 221/2009 r 4 20.8.2009 r 3(2) inserted by 221/2009 r 4 20.8.2009 r 4 varied by 221/2009 r 5 20.8.2009 r 5 r 5(1) varied by 280/2011 r 13 1.1.2012 r 6 inserted by 247/2008 r 4 4.9.2008 r 7 inserted by 221/2009 r 6 20.8.2009 Sch 1 omitted under Legislation Revision and Publication Act 2002 4.9.2008 Historical versions 4.9.2008 20.8.2009