Former senator Rex Patrick filed a freedom of information (FOI) request on October 21, 2022, seeking access to documents held by the Police Commissioner and the head of the Mounted Operations Unit about the relocation of the Thebarton police barracks.

SA Police has been searching for a new location for its police horse barracks after the Malinauskas Government’s controversial decision last September to raze the state heritage listed Thebarton barracks for a new $3.2bn hospital.

In March, SA Police nominated Park 21 West – an eight-hectare plot of city park land on the corner of Greenhill Road and Sir Lewis Cohen Avenue – as its first preference, sparking protests from conservation groups and opposition from Adelaide and Unley councils.

Two months later, the state government is still yet to decide whether to accept SA Police’s first preference, with multiple departments investigating potential alternatives.

SA Police wants its new home for police horses and dogs to be at Park 21W in the southern park lands. Photo: Angela Skujins/CityMag

The Opposition has speculated that up to 14 sites are being considered.

The state government, which has the power to purchase a block of park lands for free to house the new barracks, has not publicly revealed the alternatives to Park 21W.

Premier Peter Malinauskas told parliament on Thursday that “all options” remain on the table. A government spokesperson told InDaily this included land on and off park lands.

Patrick’s FOI request was amended on October 25 to seek documents and emails held by the Police Commissioner and the head of the Mounted Operations Unit regarding “site options, and analysis/consideration of those options, for the relocation of the Thebarton Police Barracks”.

SA Police found 21 documents within the scope of the request but refused access to all of them, citing exemptions afforded to cabinet documents and files that affect law enforcement and public safety.

Some documents, including one titled “SAPOL barracks relocation options – Renewal SA”, were also refused because SA Police argued disclosure would impact commercial activities.

Following a request for an internal review, SA Police upheld its decision to refuse access.

Patrick then appealed the decision to the state Ombudsman, Wayne Lines, on January 9.

Lines made a provisional determination on March 22 that SA Police should release 13 of the documents in full and a further six with partial redactions.

Only two of the documents in the FOI request should remain confidential, Lines determined.

The documents are yet to be released as the Ombudsman determination is only provisional and subject to change, however, the deadline for SA Police to provide further submissions before the Ombudsman’s final determination was April 5.

SA Police told InDaily it has made a submission and is now awaiting a final ruling.

Lines found that SA Police’s explanations for keeping the documents confidential were “brief and vague”.

He also argued SA Police provided insufficient evidence that some documents had copies or extracts of cabinet submissions, which is an exemption under clause 1(1)(c) of the FOI Act.

“The agency has determined that clause 1(1)(c) is applicable to 20 of the documents in issue, however I am not satisfied that the agency has provided sufficient information for me to reach the same conclusion,” Lines wrote.

Ombudsman Wayne Lines. Photo: Tony Lewis/InDaily

He also rejected SA Police’s argument that release of three documents – including a letter from the Police Commissioner to the Under Treasurer on November 11 – would compromise public safety or law enforcement operations.

“It is not clear to me why disclosure would be contrary to the public interest noting that it is unclear why disclosure would prejudice the ‘safety of the community’,” Lines said.

“Should the agency wish to maintain this claim of exemption, it will need to provide further submissions specifically identifying how the requirements of each subclause is met, and how disclosure would be contrary to the public interest when weighed against the public interest in disclosure.”

SA Police also submitted to the Ombudsman an opinion from Renewal SA that argued against releasing the document which contained a list of land options for relocating the police horses (document 12).

The two agencies argued releasing the document would prejudice Renewal SA’s commercial activities, but Lines’ provisional determination was to release the document in full.

“I agree with the factors in favour of disclosure and additionally note the substantial community and media interest in the subject matter of the documents,” he wrote.

“I also consider that the interest in promoting transparency around agency decision-making is particularly relevant.

“It is not clear to me how disclosure of document 12 would prejudice the protection of the commercial or financial interests of any party.

“Document 12 was prepared by Renewal SA and includes various relocation options for the SA Police barracks. That said, it does not contain any information of a financial nature, nor does it indicate a preferred relocation site which might undermine the commercial activities of Renewal SA.”

Once the Ombudsman makes a final determination, SA Police will have 28 days to consider an appeal.

Patrick told InDaily that this FOI process has “taken an unusually long time”.

He said the police documents would be “of little public use” if they are released after the state government decides where to locate the new barracks.

“One of my fears is that the Police Commissioner has managed to extend this out by months, and that may well be part of a deliberate strategy to ensure these documents aren’t in the public domain before the government make their final decision,” he said.

“That may be so we don’t talk about locations that aren’t the police’s first preference.

“The process was delayed initially by the Police Commissioner when the decision was in his hands and again by him seeking additional time to make submissions whilst the decision has been in the Ombudsman’s hands.

“Delay is the enemy of FOI – I want these documents in the public domain so people can discuss the options.”

InDaily asked SA Police whether it intended to follow the Ombudsman’s provisional determination and if it had made a submission appealing the initial ruling.

In response, Assistant Commissioner Noel Bamford said in a statement: “SAPOL advise that the Ombudsman made a provisional determination relative to Mr Patrick’s FOI request. As part of that process the Ombudsman invited SAPOL to make a submission before making his final decision.”

“A response has now been provided and SAPOL is awaiting a final determination to be made,” he said. 

On Thursday, Bamford said SA Police “continues to work with government to identify a suitable site to relocate the Mounted Operations Unit”.

“As part of our role to keep… South Australia safe police horses have been stabled on the Adelaide Parklands since 1840,” he said.

“While SAPOL has recommended replacing the current Thebarton barracks site with a portion of Park 21 West the government has yet to make a final decision.”