FREEDOM
OF INFORMATION
Guidelines for using
FOI
in Western Australia
Government of Western Australia

Introduction
The Western Australian Freedom of Information Act
1992 (the FOI Act) gives you the right to apply for
access to documents held by State Public Sector
agencies which includes: Government
Departments; Local Authorities; Statutory
Authorities and Ministers.
Agencies are required to assist the public obtain
access to documents at the lowest reasonable cost,
and to ensure that personal information held is
accurate, complete, up to date and not misleading.
Your right to apply is not affected by any reasons
you have for wishing to obtain access, or the
agency’s belief as to what your reasons are for
applying.
How do I make an FOI application?
The application has to-
■ be in writing;
■ give enough detail to identify the requested
documents; or if you apply for amendment of
personal information about yourself you must
provide details to show how or why the agency’s
records are inaccurate, incomplete, out of date
or misleading;
■ give an Australian address, and where possible,
a contact telephone number; and
■ be lodged at the office of the agency that you
expect would hold the documents, together
with any application fee payable.
Each agency has a person who will co-ordinate
the processing of your application. In the larger
organisations, this function is titled “FOI
Coordinator”.

What kind of information can I request?
The FOI Act gives every person the right to seek
access to documents held by government agencies.
Documents may comprise written material,
plans and drawings, photographs, tape recordings,
films, videotapes or information stored in a
computerised form.
Are there any costs involved?
No fees or charges apply for personal information
or amendment of personal information about
yourself (e.g. your medical records; details
of employment etc).
Applications for other documents (i.e. which are
non-personal in nature) require a $30 application
fee to be paid when the application is lodged, and
there may be other charges imposed by the agency
as follows:
■ $30 per hour of staff time or pro rata for part
of an hour for dealing with an application.
(Agencies cannot charge for locating the
documents within the scope of your request.)
■ $30 per hour (or pro rata for part of an hour)
for supervision by staff when access is given
to view documents; or the time taken by staff
to prepare a transcript from a tape or make
photocopies.
■ 20 cents per photocopy.
■ Actual cost incurred by the agency for
preparing a copy of a tape, film or computerised
information, or arranging delivery, packaging
and postage of documents.

Estimate of charges
You can ask the agency for an estimate of charges
when lodging an application. If the charges are
likely to exceed $25 the agency must give you
an estimate of charges and ask whether you want
to proceed with the application.
You must notify the agency (within 30 days) of
your intention to proceed. In some instances the
agency may request an advance deposit.
If you are financially disadvantaged advise the
agency as a 25% reduction of charges may apply.
In what way can I minimise or remove the need
for charges?
The FOI Act requires the agency to help you
with your application if you are having difficulty
defining the documents you are seeking. The
agency may describe the kinds of documents and
records kept, to help you narrow the scope of your
application. By reducing the scope of your
application it will reduce the work for the agency,
and the cost to you. It will also ensure that the
work involved for the agency is reasonable. An
agency may refuse to deal with a large request.
How long does the agency have to respond
to my request?
Once a government agency receives a valid
application from you, the agency has a maximum
of 45 calendar days to make a decision. On
average the time taken by agencies is less than
this permitted period.

Will the agency give me access to all the documents
I asked for?
Some documents which protect essential public
interests may be exempt. Personal information
about other people or the commercial or business
affairs of others are among those documents
which may not be released.
An edited copy of a document may be provided
to you if it contains some information considered
to be exempt.
How will I be advised of the agency’s decision?
The agency must give you a written notice of
decision. If you are refused access or only given
partial access to the documents you applied for, the
agency has to give details and reasons to explain
why particular documents cannot be released.
If you have requested amendment to your personal
information the agency must also give you written
notice of its decision.
Can I ask for a review of the agency’s decision?
Yes. You will be advised of your rights of Internal
and External review in the decision sent to you by
the agency. There are no charges for the conduct
of reviews.
An Internal Review by the agency is available in
the first instance. You must apply in writing and
give details of the decision that you want to have
reviewed. You may ask for a review if:-
■ The agency refuses to deal with your
application.
■ You have been given access to an edited copy
of a document.
■ You have been refused access to a document.

■ You have been given access to a document but
access is deferred to a later date.
■ The documents contain medical or psychiatric
information about you and the agency will not
give you access to them, or will only give the
information to a medical practitioner nominated
by you.
■ You consider the charges imposed or the
requirement to pay a deposit, to be
unreasonable.
■ You are a third party mentioned in the
documents but have not been consulted;
or you have been consulted but disagree with
a decision to release the documents to the
applicant. (See separate brochure on third
parties and their rights.)
■ The agency does not agree to amend your
personal information; or make a notation or
attachment to the document in a form that
satisfies you.
Is there a time limit for lodging an application for
Internal Review?
You must apply within 30 days of receiving the
notice of decision from the agency. The principal
officer of the agency may allow you to lodge your
application after the 30 days has elapsed.
What will happen with my request for an
Internal Review?
Another officer who is not subordinate to the
person who made the original decision, will
conduct the review.
Within 15 days the agency will advise you in
writing of the outcome of the review, as well as
your right to lodge a complaint with the
Information Commissioner for an External Review
of the agency’s decision.

How do I apply for External Review?
The application can be made in a letter or you can
complete a form available from the Office of the
Information Commissioner.
You must give an address to which notices can
be sent; give particulars of the decision (or part
thereof) you want reviewed, attach a copy of that
decision and lodge the application at the Office of
the Information Commissioner.
The Information Commissioner is appointed by
the Governor as an independent statutory officer
who is responsible directly to Parliament.
Therefore complaints lodged with the Information
Commissioner are subject to impartial review
based on the merits of each case and the relevant
provisions of the FOI Act.
What sort of decisions can the Information Commissioner
review?
Any of the decisions made by the agency about
your application.
What time limits apply to seeking review by the
Information Commissioner?
If you are the applicant, you must apply within
60 days from being given the decision.
If you are a third party affected by the decision
of the agency you have 30 days.
The Information Commissioner may allow a
complaint to be lodged after these periods
have elapsed.

Further Information

If you have any general enquiries about the FOI
process, contact the Office of the Information
Commissioner

Telephone: (08) 6551 7888
Facsimile: (08) 6551 7889
Country callers: 1800 621 244 (Toll Free)
Email: xxxx@xx.xxx.xx
Internet: www.foi.wa.gov.au

Address: Albert Facey House
469 Wellington St
Perth WA 6000

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