Dear Western Australia Police,

Under the FOIA Act I am requesting any documents that include: total, aggregated, partial or otherwise in-full - statistics pertinent to fines, infringements, summons to a magistrate and other penalties for breaching COVID-19 and COVID-19 related directions, measures and restrictions since the first day of march of 2020 to today (8th of February 2021).

I am also requesting a waiver on this FOIA application due to financial hardship because of the COVID-19 pandemic and it's affect on my personal financial security and stability as well as it's generational and long-term affects on the Western Australian community and young community as a whole.

Yours faithfully,

MN

Freedom Of Information SMAIL, Western Australia Police

Good morning,
 
I refer to an application received at this office on 08 February 2021,
requesting access to documents under the Freedom of Information Act 1992
(the ‘Act’).
Your application is currently considered invalid under section 12 of the
FOI Act, as you have not provided an address in Australia to which
correspondence can be sent and payment.
 
This email is provided as an opportunity for you to provide our office an
Australian postal address and submit the $30.00 Non Personal Legislated
fee. (Please be advised this fee can not be waived)
 
12.     Access application, form etc. of
 
        (1)     The access application has to —
 
        (a)     be in writing; and
        (b)     give enough information to enable the requested documents
to be identified; and
        (c)     give an address in Australia to which notices under this
Act can be sent; and
        (d)     give any other information or details required under the
regulations; and
        (e)     be lodged at an office of the agency with any application
fee payable under the regulations.
 
        (2)     The access application may request that access to the
documents be given in a particular way described in section 27(1).
        (3)     An application may be lodged by delivery by hand, post or
facsimile at an office of the agency to which it is directed.
        (4)     If an application is lodged with an agency by post it is
to be regarded as having been lodged with the agency at the end of the
fifth day after it was posted.
        (5)     If an application is lodged with an agency by facsimile it
is to be regarded as having been lodged with the agency on the day on
which it is transmitted.
 
 
Please provide an appropriate address by 18 February 2021. If our office
do not receive a response by this date your application will not be
progressed.
 
In the event of any further correspondence or enquiries on this matter,
please contact our office and quote FOI File Reference Number 2021/0301.
 
Please note that under the FOI Act, access applications can be dealt with
within 45 days from the date the application is made valid.
 
 
Yours sincerely,
 
Freedom of Information | Western Australia Police Force Locked Bag 20,
Perth Business Centre WA 6849
T: (08) 6229 5910
E: [Western Australia Police request email] 
 

show quoted sections

Dear Freedom Of Information SMAIL,

As far as I'm aware - Under FOIA 1982 an electronic address is sufficient. This email will suffice - otherwise I will contact you outside of this public requests platform (righttoknow.org.au).

Furthermore, perhaps you can clarify for me where FOIA 1982 and FOIA 1992 come into account for this, and subseqent requests. It is my (somewhat oblivious) understanding that both are applicable.

Much appreciated,

J M

Freedom Of Information SMAIL, Western Australia Police

2 Attachments

 
Good morning,
 
Thank you for your email.
 
Under WA legislation (FOI) Act 1992 WA, requirements must be met to ensure
the application is valid.
 
Below is the Office of the Information Commissioner's - Information Sheet
'Requirements for a valid access application'. Point 2 - stipulates:  Give
an address in Australia where notices can be sent, as a requirement to
make a valid access application under the Freedom of Information (FOI) Act
1992 WA.
 
 
Further information can be obtained via the following link:
[1]https://www.oic.wa.gov.au/en-au/FTP012
 
Section 12(1)(c) of the Freedom of Information act 1992.
 
12.     Access application, form etc. of
        (1)     The access application has to —
        (a)     be in writing; and
        (b)     give enough information to enable the requested documents
to be identified; and
        (c)     give an address in Australia to which notices under this
Act can be sent; and
        (d)     give any other information or details required under the
regulations; and
        (e)     be lodged at an office of the agency with any application
fee payable under the regulations.
        (2)     The access application may request that access to the
documents be given in a particular way described in section 27(1).
        (3)     An application may be lodged by delivery by hand, post or
facsimile at an office of the agency to which it is directed.
        (4)     If an application is lodged with an agency by post it is
to be regarded as having been lodged with the agency at the end of the
fifth day after it was posted.
        (5)     If an application is lodged with an agency by facsimile it
is to be regarded as having been lodged with the agency on the day on
which it is transmitted.
 
I trust this information provides the clarification for the required
address.
 
Please also be advised WA Police Force Freedom of Information are not
associated with Right to Know, we recommend FOI applications be made
directly via the following link.
 
[2]https://www.police.wa.gov.au/Police-Dire...
 
 
Freedom of Information | Western Australia Police Force Locked Bag 20,
Perth Business Centre WA 6849
T: (08) 6229 5910
E: [Western Australia Police request email] 
 

show quoted sections

Dear Freedom Of Information SMAIL,

Just to clarify:
is FOIA 1982 superseeded by FOIA 1992? (in WA)

I'm just noticing the original FOIA 1982 is structured in the same way as FOIA 1992, but has since been updated to include electronic mail as an example of an address.

Before I am able to make my request, I would appreciate clarification on why this request falls under FOIA 1992 and not FOIA 1982. I am not a law student by any means, so some understanding and guidance would be very much appreciated.

Once clarified, I will adjust my request to be rendered valid.

Yours sincerely,

J M

Freedom Of Information SMAIL, Western Australia Police

Good afternoon,
 
Thank you for your email.
 
I would like to assist you with your request - Section 10 of Western
Australian Freedom of Information Act 1992 provides the 'right of access
to documents' from our agency. Therefore, an address in Australia is
necessary for us to proceed your request under this legislation.
 
I trust the above information with our previous email clarifies that an
Australian address is a requirement to support your access to documents.
 
Freedom of Information | Western Australia Police Force Locked Bag 20,
Perth Business Centre WA 6849
T: (08) 6229 5910 E: [Western Australia Police request email]
 

show quoted sections

Dear Western Australia Police,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Western Australia Police's handling of my FOI request 'Fines breaching restrictions'.

I fail to see why I am obligated to provide a physical address when my request to waiver fee was not responded to and the commonwealth FOIA has been amended to include an email address as an alternative to a physical address.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/f...

Yours faithfully,

J M

Freedom Of Information SMAIL, Western Australia Police

Dear JM
 
As you have not lodged a valid Freedom of Information (FOI) application,
you do not have any rights of review under the Freedom of Information Act
1992 (WA) (FOI Act).
 
You were informed, in email correspondence from this office on 11 February
2021, that your application was invalid as you had not provided an address
in Australia to which correspondence can be sent and had not paid the $30
application fee for a ‘non-personal application’, as legislatively
required under section 12 of the FOI Act.
 
If you wish to apply for documents of an agency within the State of
Western Australia, you will be required to comply with W.A. legislation.
 
Yours faithfully
 
 
Freedom of Information | Western Australia Police Force Locked Bag 20,
Perth Business Centre WA 6849
 
T: (08) 6229 5910
 
 

show quoted sections