State Ombudsman Wayne Lines said the Department of Infrastructure and Transport had made “almost no attempt to engage” with his office during a more than four-month review of a freedom of information (FOI) decision.

“Given the number of opportunities provided to the agency to engage with this external review, and the lack of meaningful response received, I do not consider that there [is] any utility in continuing to seek information from the agency,” the Ombudsman ruled.

“Therefore, my determination is based entirely upon the information currently before me.

“As the agency has yet to take any steps to justify its refusal of access to documents, my view is that any documents found within scope of the access application should be disclosed in full.”

The Ombudsman’s review stemmed from an FOI request made by former senator Rex Patrick on April 27.

The request, on behalf of the Hahndorf Community Association, sought access to concept designs of the scrapped Hahndorf Bypass project and any briefs prepared for the incoming Malinauskas Government about the project.

The department failed to determine the FOI application within the 30-day timeframe, according to the Ombudsman’s timeline of events, meaning it was deemed to have refused access.

The department then did not respond to Patrick’s request for an internal review within 14 days, prompting him to appeal to the Ombudsman for external review.

The Ombudsman’s review began on June 29. The department then missed the Ombudsman’s July 13 due date to give information about why the documents should remain secret.

The Ombudsman’s office, according to its timeline, asked the department for updates on August 25, October 16 and October 30.

On August 30, the department said it would need “further information” before it could give an update on its response to the external review.

On October 30, the department advised that it was “still compiling the documents falling within the scope of the request”.

The Ombudsman said he did not buy this argument and criticised the department for its slow response.

“To date [November 17] I am still yet to receive any submissions or documents in relation to this external review, or even an indication of when these may be provided,” he said.

“I consider it unreasonable that the agency is still compiling documents four months after receiving notification of the external review application, particularly as it has made almost no attempt to engage with this Office about this review.”

The Ombudsman’s timeline of the Department’s response to the external review.

The decision means the department must hand over the documents unless it challenges the Ombudsman’s ruling in the South Australian Civil and Administrative Tribunal on a point of law.

Patrick said if the department continues to not respond, he will seek a Supreme Court order to enforce the Ombudsman’s ruling.

“The department ignored my FOI request for two months. Following that, and unbelievably, they then ignored the Ombudsman for over four months,” he said.

“Departments of government can’t just ignore their legal obligations.

“This incompetence has put the government in uncharted and potentially costly territory.”

Patrick said the decision means the department will likely “have to hand to me documents that may include some truly sensitive information”.

A spokesperson for the department told InDaily: “Mr Patrick’s application is considerably wide and complex in scope and remains under assessment.

“The Department will work with the Ombudsman’s office in relation to the recent request.

“Senior officers of the Department have also met with members of the Hahndorf community, including the Hahndorf Community Association, several times about this project, offering detailed briefings and proactively providing a range of documents relating to it.”

The Hahndorf Bypass, announced by the Morrison and Marshall governments, was one part of a $250 million package of works to improve the Hahndorf township and surrounds.

The Malinauskas Government scrapped the bypass in September 2022, citing heritage and environmental considerations, including protection of the Beerenberg Farm.

Infrastructure and Transport Minister Tom Koutsantonis at the time vowed to continue with other parts of the $250 million plan, including upgrades to interchanges at Verdun and Mount Barker and a refresh of Hahndorf’s main street.

But the Albanese Government last week pulled $200 million from the project as part of a review of the national infrastructure spending.