Please note that Section 38 Reports are not available under the Work Health and Safety Act 2012 (SA).
The Freedom of Information Act 1991 (SA) (the FOI Act) allows you to request access to any document or documents about a SafeWork SA investigation or any other documents held by SafeWork SA.
Making an application
To request information from SafeWork SA you must complete the Application for Access to Documents and either:
- lodge it in person at SafeWork SA located at:
Level 4, World Park A, 33 Richmond Road, Keswick
- post the application to:
Freedom of Information Officer
GPO Box 465
ADELAIDE SA 5001
The cost for making a freedom of information (FOI) application is $33.50.
Time limit and exemptions
The FOI Act requires applications to be processed within 30 days from when it is received. While the FOI legislation aims to provide access rather than prevent it, it does provide for the exemption of certain documents from release. Exemptions that typically apply to SafeWork SA investigations would exclude documents:
- affecting law enforcement and public safety
- containing personal information
- created for the dominant purpose of obtaining or giving legal advice or use in litigation
- containing confidential information.
The most common examples of documents exempt from release are where SafeWork SA is considering prosecution activity in relation to the incident and the release of such information could potentially prejudice such activity. Under these circumstances, the documents will not be released until the completion of the legal proceedings. If a document is deemed to be exempt from release, access may be denied to all or part of that document. If access is refused, you will be informed of the reasons and advised of your appeal rights.
Confidentiality provisions of the Work Health and Safety Act 2012 and other safety related legislation limit the amount and type of information about an investigation that can be released. In addition, if SafeWork SA or another regulatory body is considering legal action, access to many documents will be restricted until all proceedings or appeals are completed.
For more information about accessing documents under the FOI Act, contact SafeWork SA on 1300 365 255.