WESTERN AUSTRALIA POLICE FORCE
OFFICE OF INFORMATION MANAGEMENT
PUBLIC ACCESS
WESTRALIA SQUARE
Your Ref:
5TH FLOOR
Our Ref:
FOI/2020/2317
141 ST GEORGES TERRACE, PERTH
Enquiries:
Dominique Noonan (08) 6229 5914
WESTERN AUSTRALIA 6000
xxx@xxxxxx.xx.xxx.xx
T Smith
PO Box 163
HILLARYS WA 6923
Dear T Smith,
I refer to your Freedom of Information application for
personal information received on
19 November 2020, requesting access to documents which may be held by the
Western Australia Police Force.
My decision is that no documents can be provided within the scope of a
personal
information application such as yours, for the reasons outlined in the attached decision.
If you are dissatisfied with my decision, you have a right to apply for an internal review.
Details of review processes are set out at the end of the notice of decision.
Yours sincerely,
DOMINIQUE NOONAN
A/FREEDOM OF INFORMATION OFFICER
25 MARCH 2021
NOTICE OF DECISION
UNDER SECTION 30
OF THE
FREEDOM OF INFORMATION ACT 1992
APPLICANT: T SMITH
DECISION MAKER:
DOMINIQUE NOONAN
A/FREEDOM OF INFORMATION OFFICER
DATE OF DECISION:
25 MARCH 2021
DECISION
1. For the reasons set out below, I have decided no documents can be provided
within the scope of a
personal information application such as yours.
ACCESS APPLICATION
2. On 19 November 2020, a Freedom of Information (FOI) access application for
personal information was received from you requesting:
“…Please advise the total number of charges brought against serving WA
Police officers of any rank over the period 2010-present.
Please provide a table showing the total number of charges per calendar or
financial year and a breakdown in each year by officer ranks and the type of
offence(s) each officer was charged with…”
3. Your FOI application was for your
personal information only. Personal
information is defined in the Glossary of the
Freedom of Information Act 1992
(WA) (the FOI Act) as:
Personal information means information or an opinion, whether true or not,
and whether recorded in a material form or not, about an individual, whether
living or dead —
(a) whose identity is apparent or can reasonably be ascertained
from the information or opinion; or
(b) who can be identified by reference to an identification number or
other identifying particular such as a fingerprint, retina print or
body sample;
4.
A personal information application is restricted to information about the
applicant that identifies or could identify that person. An example of this, is a
person’s name or address and can also include their phone number, email
address and bank account details, among other things.
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5. All other information is consequently,
non-personal information, which is
defined in regulation 2A of the
Freedom of Information Regulations 1993 (WA)
as information that is not personal information about the applicant.
6. Accordingly, any information that is not personal to you falls outside of the scope
of a
personal information application such as yours, and need not be disclosed
under the FOI Act. 1
THE REQUESTED DOCUMENTS
7. It is apparent from the nature of your application that you are
requesting statistics relating to serving WA Police Force Officers. In considering
this, I am satisfied that the nature of the requested documents would not contain
your personal information.
8. Consequently, my decision is that no document can be provided within the
scope of your
personal information application.
9. It is open to FOI applicants to submit an access application for
non-personal
information, which can include information not personal to the applicant.
However, please note that in respect of the personal information of third parties,
this information generally would not be released unless the applicant is able to
provide written authority from the individual concerned, confirming that they
consent to the applicant receiving their personal information.
RIGHTS OF REVIEW
If you are dissatisfied or aggrieved by the decision of this agency regarding access to
documents, you can apply for a review of that decision. An explanation of the Review
and Appeal Process is provided in the document attached to this notice of decision.
COSTS AND CHARGES
As this application is for
personal information only, no costs or charges are applicable.
Yours sincerely,
DOMINIQUE NOONAN
A/FREEDOM OF INFORMATION OFFICER
25 MARCH 2021
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Re Georgeson and Government Employees Superannuation Board [2013] WAICmr 10 at [19]
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REVIEW AND APPEAL PROCESS
Internal Review (Section 39 - 40 and 54)
If you disagree with a decision made by an agency about your access application, your request
for amendment of personal information or an access application where you are a third party,
you have the right to apply to the agency for an internal review.
To apply for an internal review, you must lodge a written request with the WA Police Force
within 30 days of being given this decision. An independent officer will be appointed to conduct
your review within 15 days.
In some circumstances, the agency's Principal Officer may allow the application for internal
review to be lodged after the specified period.
The application for internal review must:
1. Be in writing;
2. Give sufficient details of the decision/s you wish to have reviewed; and
3. Give an address in Australia to which notices can be sent.
There is no charge for lodging an application for an internal review.
Applications for internal review should be addressed and sent to:
Police Freedom of Information Services
Public Access
Locked Bag 20
Perth Business Centre WA 6849
Tel: 08 6229 5911
External Review by the Information Commissioner (Section 65-66)
After internal review, if you stil disagree with the agency’s decision, you may lodge a complaint
with the Information Commissioner, seeking external review of the agency’s decision. The
Commissioner is independent of executive government and reports directly to Parliament.
If you are the access applicant, you must apply for external review within 60 days after being
given the agency's decision. If you are a third party who objects to disclosure of your
information, you must apply for external review within 30 days after being given the agency's
decision.
In exceptional circumstances, the Commissioner may allow a complaint to be lodged after
these periods have elapsed.
A complaint to the Information Commissioner must:
1. Be in writing;
2. Give an address in Australia to which notices may be sent;
3. Give particulars of the decision you want reviewed;
4. Enclose a copy of this notice of decision; and
5. Be lodged at the Office of the Information Commissioner.
Office of the Information Commissioner
Albert Facey House
469 Wellington Street
PERTH WA 6000
Tel: (08) 6551 7888 or 1800 621 244 (Country)
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