SACAT can review certain decisions made under the Freedom of Information Act 1991.
Types of determinations SACAT can review
Determinations are decisions that have been made about FOI applications or requests to amend records.
SACAT can review determinations made by agencies, the Ombudsman or the Police Ombudsman.
If you are unhappy with an agency's determination, you must apply to that agency for an internal review first.
SACAT can review the following:
- determinations made by the Ombudsman on external review
- determinations made by an agency following internal review
- determinations that are not subject to internal review.
If you have gone through an internal review process (or there was no right to an internal review), you can choose to apply to either the Ombudsman or SACAT for an external review.
If you decide to apply to the Ombudsman, we can only review the matter once the application has been decided with the Ombudsman.
Applying for a review
An application for review of a determination must be lodged:
- within 30 days after notice of the determination is given to you
- if notice of the determination is not given, within 30 days after the determination is due.
SACAT has the power to allow applications to be filed after the 30 day time limit if it is appropriate in the circumstances.
If you have not applied to SACAT within the 30 day timeframe, you can still make an application but you should state that you are seeking an extension of time and provide written reasons why.
In some instances, SACAT will convene a preliminary hearing to hear submissions from the parties and decide the issue of extension of time.
If SACAT does not allow you to file your application after the time limit, your application will be dismissed.
If you are unhappy with an agency's determination, you must apply to that agency for an internal review first.
Before applying to SACAT for a review of a decision you must:
- have a copy of the decision which you want to challenge – you should include this with your application
- ensure you are ready to pay the required fee for making an application.
1. Start an online application.
2. In the keyword field type the word ‘Freedom’ as shown below.
3.Scroll down to select the correct application type as per step 3. If you are not sure you have selected the correct application type, you can hover over the ‘question mark’ on the right-hand side to see a brief description.
4. Attach a copy of the decision you are seeking to review. You can do this by either:
- uploading a copy of the decision with your online application
- emailing the decision to us at sacat@sacat.sa.gov.au
- post the decision to us at GPO Box 2361 Adelaide SA 5001.
You will need to quote your tracking code or file number when sending any correspondence to SACAT.
There is a filing fee applicable for this type of application.
Payment can be made online by credit card at the time of completing the online form, or by using one of the other options outlined in the payment section of the application form.
Current fees and information about payment methods and fee waiver options
I need more help
If you have further questions call SACAT on 1800 723 767.
A staff member from SACAT can also help you complete your application over the phone.
