Department for Correctional Services

Freedom of Information

Freedom of Information (FOI) overview

The FOI Act 1991 (the Act) gives you a legal right to:

request access to documents held by state government agencies, government ministers, local councils or state universities.
request the amendment of documents about you which are incomplete, incorrect, out-of-date or misleading.
seek a review of a decision made by a state government agency, government minister, local council or university.

State Records of South Australia assists the minister responsible for the Act administer the legislation and provides general advice to members of the public and to government agencies.

A comprehensive overview of how FOI operates in South Australia is available from State Records SA, including:

about FOI in South Australia
agencies and documents that are subject to FOI
documents available outside FOI.

Information Statement

Pursuant to the provisions of Section 9(2) of the FOI Act, the following details are provided as part of the information statement of the Department for Correctional Services (DCS) which is an agency as defined under Section 4(1) (e) of the Act.

Subject to certain restrictions, the FOI Act gives members of the public a legally enforceable right to access information held by the Government of South Australia.

An introduction to FOI is provided by State Records.

Structures and functions of DCS

The structures and functions of DCS are available on this website.

An overview of the reporting lines of responsibility can also be found here or in the DCS Annual Reports.

Exempt agencies

As per Schedule 2 of the FOI Act, the following business units are exempt from FOI under Schedule 2 of the Act:

the Parole Administrative Review Commissioner
the Independent Commissioner Against Corruption
the Office for Public Integrity
the Solicitor-General, Crown Solicitor, Director of Public Prosecutions and Commissioner for Victim’s Rights
the South Australian Ombudsman

Judicial Functions of courts and tribunals

Functions of DCS affecting the public

DCS’s work directly impacts on the public by securely and humanely managing people ordered by the Courts to serve a community based or prison sanction, and to provide them with opportunities to lead law abiding lives.

DCS also contributes to a safer community by working in partnership with other criminal justice organisations and the community to prevent crime and reduce repeat offending.

Documents held within DCS

Documents retained by DCS fall broadly into the categories of corporate files containing correspondence, minutes and memoranda; policies, procedures, instructions and guidelines prescribing the way various activities are to be performed; personnel files relating to departmental employees; strategic and business plans, reports, contracts and agreements; accounting and financial records; and prisoner and offender records.

The listing of these categories does not necessarily imply that all documents falling into the categories are accessible in full or in part under the FOI Act.

Application fees and charges

A FOI application for access to documents must be accompanied by the fee as stated in the current application form.

Additional charges may be levied to process your request.

If you hold a concession card, or are financially disadvantaged, all fees will be waived in accordance with the regulations. Proof will be required.

Full details are available in the Fees Notice.

Making an application for access to documents

In accordance with the FOI Act, applications for access to documents held by an agency must:

be made in writing. You may choose to:

write a letter or submit an application form.

Online form: Make a FOI request

Printable form: Make a FOI request

specify that the application is made under the FOI Act
be accompanied by the application fee (exemptions apply for Members of Parliament and pensioners or health care card holders)
specify an address in Australia to which information can be sent.
clearly identify the documents being sought or the matter to which they pertain.
specify whether the documents contain information of a personal nature.
specify the desired type of access to the document, such as inspection of the document at an arranged location or having a copy made.
you may be asked to provide evidence of your identity.

Making an application to amend to documents

Applications can be made to amend a record held by the agency concerning personal affairs if they are incomplete, incorrect, misleading or out of date.

In accordance with the Act, applications for amendment of documents held by an agency must:

be made in writing. You may choose to:

write a letter or submit an application form.

Online form: Make a FOI request

Printable form: Make a FOI request

specify that the application is made under the FOI Act 1991
specify an address in Australia to which information can be sent
clearly identify the record to be amended
provide such information as is necessary in order for the records to be amended.

Internal Review of an FOI Determination from DCS

The FOI Act allows the applicant to seek an Internal Review of a decision made by DCS in relation to documents where access has been refused or released in part, or for any other reason the applicant is aggrieved by the determination.

Online form: Make a FOI request

Printable form: Make a FOI request

If DCS refuses you access to all or part of a document you requested access to, you will be informed of the reasons why and advised of your rights to seek a review or appeal.

You can also complete the FOI Review Decision Application Form to seek a review or appeal if you have applied for your personal records to be amended under FOI and amendment has been refused.

State Records Information: Your Right to Know - Public FOI Brochure