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.

The Malinauskas Government has refused to reveal the alternative options for building a new police horse barracks other than a controversial southern park lands site nominated by SA Police.

Premier Peter Malinauskas revealed yesterday that the government is now considering “about four options” to house the Mounted Operations Unit, but refused to reveal where saying this would “unreasonably inflate expectations or anxiety within the community”.

In October, SA Police asked for an extension to process Patrick’s police horse FOI request and on December 16 refused access to 21 documents it found within the scope of the FOI.

SA Police cited 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.

On December 28, SA Police upheld its refusal to allow access to the documents, after which Patrick appealed to Ombudsman Wayne Lines.

The secrecy around this has been extraordinary – it’s about Police barracks and horse stables, not submarines

Lines issued a provisional determination on March 22 overturning SA Police’s access refusal and recommending 13 of the documents be released in full and a further six be released with partial redactions.

Only two of the documents, which were cabinet submissions, should remain confidential, Lines determined at the time.

The draft decision was subject to change based on further submissions from Patrick and SA Police.

Last night, Lines released his final determination which largely upheld his draft ruling.

The Ombudsman ordered SA Police to release 11 of the documents in full (one with mobile phone numbers redacted) and a further eight in part. The two cabinet submissions will remain confidential.

Ombudsman Wayne Lines. Photo: Tony Lewis/InDaily

In his final determination, Lines rejected an argument from SA Police and Renewal SA – the government’s land agency which is analysing site options for the new barracks – that releasing the list of options would impact the state government’s capacity to be competitive in the property market.

“I do not consider that the material in the document, such as the requirements for a future site or possible purchasing options, is revelatory of any particular information that could affect the ability of the State to compete in the market,” he said.

“Given the degree of public scrutiny that the project has received, it appears that much of the information in document 12 (Renewal SA site options) is already in the public domain.

“The requirements for relocation, and the State government’s interest in potential sites, are matters that have been the topic of some public discussion.

“Moreover, document 12 does not disclose a preferred relocation site, which I accept may undermine the State’s ability to negotiate a competitive price.”

Under the state’s FOI Act, SA Police still has 30 days to consider appealing the Ombudsman’s ruling to the South Australian Civil and Administrative Tribunal.

The Premier said yesterday the state government intends to make an announcement on the police horse barracks within the next fortnight, meaning the documents may not be publicly available before the government makes its final decision.

InDaily asked SA Police whether it intended to release the documents or appeal the Ombudsman’s ruling.

In response, a police spokesperson said: “SAPOL is in the process of considering the content of the determination and have no comment to make at this time.”

Patrick called on the Police Commissioner to release the documents without further delay.

“The secrecy around this has been extraordinary – it’s about Police barracks and horse stables, not submarines,” Patrick said.

“I made my initial FOI request in October. It’s taken seven months to get this far and I still don’t have the documents yet.

Rex Patrick. Photo: Mick Tsikas/AAP

“The Police Commissioner has dragged the chain on this, stretching out the time taken to answer the initial FOI request and then slowing down the Ombudsman review, to his absolute advantage.

“He doesn’t want to have to deal with any informed public debate on a site for the Mounted Operations Unit.”

The Premier was today asked at a press conference whether the Ombudsman’s ruling had made him reconsider his policy of not revealing the government’s site options for the police horses.

Malinauskas replied: “No, but I would, of course, expect any government agency, and SAPOL included, to comply with the Ombudsman’s decisions and advice.

“I anticipate they will do that.

“Naturally, I haven’t been privy to SAPOL’s FOI process because they’re a separate arm of government.

“I think the only focus that the government has in conjunction with SAPOL is to make this decision as quickly as possible, like we said we want to do in the next…. few days.”

Pressed on whether the Ombudsman’s ruling that SA Police should make the site options public means he should also make them public, Malinauskas said: “No, because they’re entirely different questions.”

“Naturally, SAPOL like any other agency needs to comply with Ombudsman decisions, and that’s exactly what will occur here no doubt.”

SA Police has been searching for a land parcel to house a new 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, but three months on the state government is still yet to decide whether to accept this option.

Legislation that passed parliament in November allows SA Police to select another patch of park lands to house the police horses at no acquisition cost to the government.

Two of the four options to house the new police barracks are on park lands, Malinauskas said yesterday, including the Park 21W option.

Shadow assistant minister for environment and heritage Jack Batty, who opposes the new police horse barracks being built at Park 21W, also called for the list of options to be released.

“Peter Malinauskas has been drip feeding information under pressure and if he can tell the public there are four sites on the shortlist, why can’t he go that little bit further and reveal where the locations are?” Batty said in a statement.

“Instead of keeping secrets, Peter Malinauskas needs to put all the options out on the table and be transparent with the community and allow them to have a genuine say.”

Attorney-General Kyam Maher told parliament in October that every three months of delay on the new Women’s and Children’s Hospital build will cost the state government $25 million.