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The ESB approves, registers and regulates early childhood education and care providers, services and schools, according to both State and Commonwealth legislation. Depending on the type of information you are after, you may need to make a Freedom of Information (FOI) application under the South Australian Freedom of Information Act 1991 (State FOI Act), the Commonwealth Freedom of Information Act 1982 (Commonwealth FOI Act), or both.
Which Act should I make an FOI request under?
The State FOI Act is used to request information about schools, student exchange organisations or residual services including in-home care, occasional care, rural and mobile care and individual family care services regulated under State legislation. We hold information to fulfil our regulatory functions from school provider applications, schools register and registration review including registering student exchange organisations (SEOs).
The Commonwealth FOI Act is used to request information about services regulated under the National Quality Framework (NQF) or other Commonwealth legislation. This includes information about a long day care service, preschool service, out of school hours care service, family day care service or school providers of international education registered on CRICOS (Commonwealth Register of Institutions and Courses for Overseas Students). To fulfil our regulatory functions, we hold information including provider and service application approvals, compliance and assessment and rating information under the NQF.
If you are unsure which legislation applies, you may still submit your request. In such cases we will review your submission and contact you to clarify which Act applies. Please note: your application will not be considered valid until this clarification has been completed and agreed upon.
The South Australian Freedom of Information Act 1991 and Commonwealth Freedom of Information Act 1982 allows the public access to documents held by the ESB and enables amendments to personal information if you believe it is incomplete, incorrect, out-of-date or misleading.
Our Freedom of Information Statement, pursuant to section 9(2) of the State FOI Act, provides more information about the ESB, the types of documents held and how to access them. For more information, read below.
Making an FOI application under the South Australian Freedom of Information Act 1991
You can apply for access or amendments to information online using the Freedom of Information application form. Please make sure you specify the Education Standards Board as the relevant agency.
Or you can download and complete the form below:
Request for Access Application Form
Email completed application forms to ESB.FOI@sa.gov.au or you can mail them to:
Accredited FOI Officer
Freedom of Information
Education Standards Board
GPO Box 1811
ADELAIDE SA 5001
Further information about making a request under the South Australian Freedom of Information Act can be found here.
Application fees
There may be a fee or charge associated with your request.
For latest fees and charges, refer to the 'Act (Fees)' section at the bottom of Freedom of Information Act 1991.
There may be exceptions if you are a concession card holder or member of parliament. For details, refer to the Freedom of Information (Fees and Charges) Regulations 2018.
Proof of identity and consent
You will need to provide proof of your identity.
If you request a document on behalf of another person, you will need to provide current written authority and identification of the person whose records are needed.
Processing applications
The ESB has up to 30 calendar days to process your written application once it's received.
In some cases, it may be necessary to extend the time limit for processing your application. We will notify you if this is the case.
Making an FOI application under the Commonwealth Freedom of Information Act 1982
You can apply for access or amendments to information online using the Freedom of Information application form:
Commonwealth FOI application
Or you can put the request in writing. Please ensure that you:
• state that the request is an application made under the Commonwealth Freedom of Information Act 1982
• provide sufficient information about the document(s) that you are seeking to access
• provide an address (email and/or postal) for reply.
Written requests can be emailed to ESB.FOI@sa.gov.au or you can mail them to:
Accredited FOI Officer
Freedom of Information
Education Standards Board
GPO Box 1811
ADELAIDE SA 5001
Application fees
There is no fee associated with a freedom of information request under the Commonwealth FOI Act and no processing fees for access to documents containing personal information about the applicant. Processing charges may apply for other requests. Further information can be found here.
Processing applications
The ESB has up to 30 calendar days to process your written application once it's received.
In some cases, it may be necessary to extend the time limit for processing your application. We will notify you if this is the case.
Visit the Office of the Australian Information Commissioner website for more information about making a Freedom of Information request under the Commonwealth Freedom of Information Act 1982.
Requesting a review under the South Australian Freedom of Information Act 1991
If you’re not satisfied with our decision on your FOI request, you can seek an internal review of the decision. An Internal Review must be lodged within 30 calendar days of you receiving advice of a determination.
Applications must be made in writing in accordance with Section 29 or Section 38 of the FOI Act or complete the internal review application form to request a review.
More details and information on costs involved for an internal review can be found here.
You will be advised of the outcome of your Internal Review application within 14 calendar days of it being received by the agency.
External Review
If you wish to make an application for an External Review you must do so within 30 calendar days after being notified of the determination. The Ombudsman SA can extend this time limit at its discretion. There is no fee or charge for External Reviews undertaken by the Ombudsman.
Contact Details
Ombudsman SA
Phone: (08) 7322 7020
Toll Free: 1800 182 150 (outside metro SA)
Email: ombudsman@ombudsman.sa.gov.au
You have a right to apply for a review by the South Australian Civil and Administrative Tribunal (SACAT) if you are not satisfied with:
• a determination not subject to Internal Review,
• an Internal Review determination, or
• the outcome of a review by the Ombudsman SA.
You must exercise your right of review with SACAT within 30 calendar days after being advised of the above types of determinations or the results of a review. Any costs will be determined by SACAT, where applicable. For more information contact SACAT.
Contact Details
South Australian Civil and Administrative Tribunal (SACAT)
Phone: 1800 723 767
Email: sacat@sacat.sa.gov.au
You can also seek a review or appeal if you have applied for your personal records to be amended under FOI and the amendment has been refused.
Requesting a review under the Commonwealth Freedom of Information Act 1982
If you disagree with a freedom of information decision, you can seek an internal review of the decision by emailing esb.foi@sa.gov.au. The review will be carried out by the Principal FOI Officer. You must apply within 30 days of being notified of the primary decision, and the internal review decision will be completed within 30 days. Internal reviews are not available if the Principal FOI Officer made the initial determination.
External Review
In such cases you should apply directly to the National Education and Care Services (NECS) FOI Commissioner for a review of the decision. You must apply to the NECS FOI Commissioner within 60 days of being given the FOI determination. You can apply for an extension of time to apply with the NECS FOI Commissioner, and this may be granted if the Commissioner considers it is reasonable to do so.
Both an internal review and the NECS FOI Commissioner’s review are free.
Appeal to the relevant Tribunal
The NECS FOI Commissioner will advise you of your right to appeal to a Tribunal when advising you of the decision in your matter. The Commissioner will also provide you with contact details for the relevant Tribunal. There is a fee for lodging an application to a Tribunal, although there are some exemptions/waivers available.
Complaints
If you would like to make a complaint about how we have exercised our responsibilities under the Commonwealth FOI Act, separate to a review of a decision, you can make a complaint to the National Education and Care Services FOI Commissioner.
Proactive disclosure of government information
The South Australian Government has decided to make available more government held information to members of the public without requiring them to make a freedom of information (FOI) access application. Providing ready and easy access to government information allows the public to better understand and participate in the making of important decisions, policies and laws.
The ESB publishes overseas travel costs for the Chief Executive, in line with Premier and Cabinet Circular 035 - Proactive Disclosure of Regularly Requested Information. See below for further details.
2025
Overseas travel costs for Chief Executive – March 2025 – nil return
Overseas travel costs for Chief Executive – February 2025 – nil return
Overseas travel costs for Chief Executive – January 2025 – nil return
Disclosure Logs
Disclosure logs are a record of information released in response to formal FOI applications. These logs are available as per Premier and Cabinet Circular 045 – Disclosure Logs for Non-Personal Information Released through Freedom of Information.
The ESB disclosure log is a record of information that has been released and does not disclose sensitive or confidential information and where it may be of interest to other members of the public. This is in line with requirements under the State and Commonwealth Freedom of Information legislation.
The material published is “at a point in time” and therefore, may not necessarily be the most up to date information.
Disclosure Logs for Non-Personal Information Released through Freedom of Information
2025
Commonwealth FOI Act
28 March 2025 - Childcare enforcement (FOIC11-2024)
- 2020 – 2024: Every show cause notice issued in relation to childcare
- For 2024 to 29/10/2024 and each of 2020, 2021, 2022 and 2023, a document tabulating:
- (a) The number of show cause notices issued
- (b) The number of suspensions
- (c) The number of cancellations
- (d) The number of prosecutions
- (e) The number of no further action decisions taken in relation to childcare centres.
- For each of categories (a) through to (e) a breakdown between for-profit and not-for-profit providers for each relevant period.
- Nine documents relating to show cause notices and resulting outcomes. To request copies of the redacted documents released, contact us.
- Statistics tables to provide the number of show cause notices, suspensions, cancellations, prosecutions and the number of cases that resulted in no further action. The document disclosed is found here.
2024
Commonwealth FOI Act
12 December 2024 – Reports and Investigations in data system (NQAITS) that indicates an incident and/or allegation in relation to physical or sexual abuse in an early childhood centre in SA between 2020-2024. (FOIC10-2024)
- The number of reports made to the ESB where the tickbox in the data system (NQAITS) indicates an incident and/or an allegation has been made in relation to physical or sexual abuse of a child by a childcare worker in an early childhood centre in SA since January 2020, broken down by year.
- The number of investigations commenced into childcare workers, where the tickbox in the data system (NQAITS) indicates an incident and/or an allegation that relate to physical or sexual abuse of a child by a childcare worker in an early childhood centre in SA since January 2020, broken down by year.
- The outcomes of those investigations conducted by the ESB, since January 2020, broken down by year.
- A breakdown of how many of the reports in relation to allegations of physical or sexual abuse came from the centre or someone other than a centre since January 2020, broken down by year
- Any documents that outline the process involved in an investigation undertaken by department investigators.
- Table 1 created – incident and /or an allegation of physical or sexual abuse of a child by a childcare worker in an early childhood centre in SA since January 2020. The document disclosed is found here
- Table 2 created – number of investigations commenced into childcare workers where there is an indication of incident or allegation of physical or sexual abuse of a child by a childcare worker in an early childhood centre in SA since January 2020. The document disclosed is found here.
- See Table 1.
- See Table 2.
- Three documents that outline the process involved in an investigation include:
- (i) Draft Investigations Procedure - 27 November 2023
- (ii) Case assessment and closure procedure (ESB 77 PRO) – 9 July 2024
- (iii) Case triage procedure (ESB 76 PRO) – 3 July 2024
To request copies of the redacted documents released, contact us.