Freedom of Information
Overview
The Western Australian Freedom of Information Act 1992 (the FOI Act) gives the public the right to apply for access to documents held by State Public Sector agencies, including those of the Department of Finance.
As an agency, the Department is required to assist an applicant to obtain access to documents sought at the lowest reasonable cost, and to ensure that their personal information held by the Department is accurate, complete, up to date and not misleading.
When making an FOI application, you do not have to give reasons for applying for the documents, nor does the Department’s view about your reasons for applying affect your right to apply for access.
The kinds of documents which you may request include paper files, computer records, maps, plans, photographs, tape recordings, films, video tapes and electronically stored information.
You may also apply for access to personal information about yourself that is contained in documents held by the Department. You have the right to apply for the amendment of personal information about you (the applicant) if the information contained in a document of the agency is inaccurate, incomplete, out of date or misleading. The application must be in writing and include among other things details and/or reasons for amendment.
How to make an FOI application
If you wish to apply under the Freedom of Information Act 1992, to gain access to information held by the Department of Finance, you must first check that the information you are seeking is not freely and publicly available, for example from this website. You may also find useful details about the functions of the Department in our FOI Information Statement.
Should you still wish to access information under the FOI Act, please submit a valid application. Section 12 of the FOI Act states that a valid access application must:
Be in writing;
Give enough information to enable the requested documents to be identified;
Give a postal address in Australia to which notices under this Act can be sent;
Give any other information or details required under the regulations; and
Be lodged at an office of the agency with any application fee payable under the regulations ($30.00 per application for non-personal information).
Identification Requirements
If you are making an FOI application on behalf of another party that you are acting for e.g. you are a liquidator or law firm, you MUST provide the Department with valid proof of authority to act on behalf of this party; and
If your FOI application is for access to your personal information, you must provide valid identification which confirms your identity e.g. valid passport or driver’s licence.
You may submit your FOI application
By Post:
FOI Coordinator
Department of Finance
Locked Bag 11
CLOISTERS SQUARE WA 6850
In Person:
The Department of Finance
QBE House
Plaza Level
200 St Georges Terrace
PERTH WA 6000
By Email: foi@finance.wa.gov.au
Enquiries (08) 6551 1125
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Fees and Charges
No fees or charges apply to applications for personal information or the amendment of personal information about the applicant (such as their medical records or details of employment).
Applications for other documents (such as those which are non-personal in nature) require a $30 application fee to be paid when the application is lodged. Other charges may be imposed by the Department in accordance with the FOI Act and Regulations.
The scale of fees and charges applicable under the FOI Act has been set by Regulations. Briefly the charges are as follows:
Application fee (for applications for non-personal information) - $30.00
Staff time dealing with the application, supervised access, photocopying, transcribing information from tape etc (per hour, or pro rata for a part of an hour) - $30.00
Photocopies - 20 cents/copy.
The $30.00 FOI application can be paid by cheque, credit card or cash in person at the Department’s QBE House Office.
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Processing Your Request
Upon receipt of a valid FOI application, the Department will endeavour to make a decision whether to grant or refuse access within the 45 calendar day period stipulated under the FOI Act. However, where necessary, an extension of time may be sought.
The Department may contact you to clarify the scope of your request.
Notice of Decision
The Department will provide a written notice to the applicant stating whether access will be granted to all or some of the documents requested. If access is refused to any documents or parts of any documents, the written notice will provide the applicant with the reasons for the decision as well as an estimate of charges for the work and costs involved in dealing with the request. The notice will also explain the applicant’s rights of review under the FOI Act.
Rights of Review
Internal Review - A review of the decision can be requested by the applicant. There are no charges for the conduct of reviews. An Internal Review by the Department is available and another Department officer who is not subordinate to the Department officer, who made the original decision, will conduct the review The request should be made in writing within 30 days of receiving the notice of decision. The applicant will be notified of the outcome of the review within 15 days.
External Review - An applicant who is dissatisfied with the result of the Internal Review may apply to the Information Commissioner for an External Review within 60 days of receiving this decision. The Information Commissioner will investigate the decision made by Department.
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