Under the Freedom of Information Act 1991 (SA) and Freedom of Information Act 1982 (Cwlth), you are legally entitled to access documents held by public sector organisations.
You may also apply to have records about you changed if you think they are incomplete, incorrect, out-of-date or misleading.
However, you may not be able to access all documents, e.g. if they affect the personal affairs of another person, are commercially confidential or would undermine law enforcement. Cabinet documents and some internal working documents are also not available.
Access to some documents held by the Education Standards Board (ESB) must be sought under the Commonwealth Freedom of Information Act. This Act applies to ESB operations that come under the Education and Early Childhood Services (Registration and Standards) Act 2011. Some other documents are accessed under the SA Freedom of Information Act.
You can apply for information using our FOI application request (see below). This form will help you work out which legislation to apply under. If you are still unsure, please contact our FOI Officer:
Email: educationstandardsboard [at] sa.gov.au
Phone: (08) 8226 0077.
Note: Some documents can be accessed without having to make a formal FOI request. Please see 'Public documents available without FOI request' (below) for more information.
Types of documents held
The ESB holds a variety of documents including:
- policy documents
- discussion papers
- client records
- correspondence and administrative records
- internal policies
- staff-related records
- transport records
- records for school education services
- records for early childhood education and care services.
ESB policy documents can be broadly classified as relating to either:
- regulation of education and early childhood services
- corporate functions.
Public documents available without FOI request
Two documents people commonly want to inspect are available online, free of charge, with no need to make a freedom of information request:
Many other documents are available on our website and include:
- information for families about services
- information on school registration procedures
- support for services and schools
- annual reports and strategic plans
- fact sheets for early childhood services.
Please check the website before applying for something that has a prescribed fee schedule.
Making an FOI request
If you want to apply to access ESB documents that are not publicly available, or amend records relating to personal affairs considered incomplete, incorrect, out-of-date or misleading, this must be done under the relevant Freedom of Information Act.
Requests relating to early childhood education and care services should be made under the Commonwealth Freedom of Information Act. This includes documents relating to:
- family day care
- long day care
- out-of-school-hours services
- preschool (kindergarten) programs.
Requests relating to ‘residual’ early childhood services should also be made under the Commonwealth Freedom of Information Act. This includes documents relating to:
- in-home care services
- occasional care services
- rural and mobile care services
- individual family care services.
If you are unhappy with a decision, you can request an internal review. If you are still not happy with a decision or we do not give what was requested, you can request an external review. The decision will be made by the National Education and Care Services Freedom of Information Commissioner.
Requests relating to schools or other ESB functions should be made under the SA Freedom of Information Act. If you are unhappy with a decision, you can request an internal review. If you are still not happy with a decision or we do not give what was requested, you can request an external review. External review of these decisions can be either by the Ombudsman SA or the South Australian Civil and Administrative Tribunal (SACAT).
You need to provide the prescribed fee (or proof of financial hardship) with your application form. An application form is included in this Information statement.
How long will it take?
We respond to these requests within 30 days of it being received, or sooner if possible. If for some reason we need longer than this, we will let you know within 20 calendar days of receiving your application that an extension is needed and why.
For further information, see: