Freedom of Information Legislation

Freedom of Information Legislation
Introduction
Freedom of Information Applications
Freedom of Information Charges
Estimate of Charges
Deposit
Applications for Access to Information
Applications for Amendment of Personal Information
Compliance with the Act: Staff Responsibilities
General Enquiries about Documents held by the University
Access to Personal Information

Freedom of Information Legislation

Western Australians have rights of access to documents held by government and statutory authorities, including universities under the Freedom of Information Act 1992.

The W.A. Information Commission site

Introduction

The Legislation for Freedom of Information was passed by the Western Australian Parliament in December 1992 and came into effect on 1 November 1993. The Act is designed to guarantee the people of Western Australia a legally enforceable right of access to records held by government agencies, unless there are matters of public or private concern which need to be protected. Its purpose is to enable the public to participate more effectively in the governing of the State and to make State and local government more accountable to the public.

The Act aims to ensure that the personal information held by agencies covered by the Act, such as The University of Western Australia, is correct, up to date and not misleading.

The University of Western Australia embraces the principle of openness and seeks to provide maximum access to its documents commensurate with the efficient operation of the University and with the protection of the privacy of individuals. In general, the University will meet reasonable requests for access to information without the need for an application under the FOI Act. A written application to access or amend documents under the Act is required only where, in the opinion of the relevant section manager, the person seeking access or amendment would not, as a consequence of normal administrative procedure be granted such access.

Freedom of Information Applications

Applications may be made under the Western Australian Freedom of Information Act (1992) to:

• gain access to a document; and/or
• amend personal information;

An application under the Freedom of Information Act must be in writing and:

• give an Australian address for correspondence;
• give enough information to identify the documents which the applicant seeks to access or amend;
• in the case of applications for non-personal information, be accompanied by an application fee of $30.00.

Applications to access or amend information may be mailed or faxed to, or lodged in person with:

FOI Co-ordinator
Mr. Kimberley Heitman
Legal Services Office
The University of Western Australia
Phone (08) 6488 1965
Fax (08) 6488 1328

Email slang@admin.uwa.edu.au

Freedom of Information Charges

Fees and charges are set by regulation under the Freedom of Information Act. Where charges are applicable, they must be paid in full before access to non-exempt documents will be permitted. Current fees and charges are as follows:

There is no fee or charge for providing an applicant with access to personal information. There are no fees or charges associated with internal or external review of an agency's decision.

Estimate of Charges

If the charges are likely to exceed $25.00, the agency must give an estimate of charges to the applicant and ask whether he or she wishes to proceed with the application. An applicant who wishes to proceed must notify the agency within 30 days of his or her intention.

Deposit

A deposit on account of the charges for dealing with the application may be requested.

[FOI Act Sect 18(1)]

A further advance deposit may also be requested if the University considers it is necessary to meet the charges for dealing with the application.

[FOI Act Sect 18(4)]

If a deposit has been requested in writing and has not been paid by the applicant within 30 days of the date on which the notice was given, the applicant is considered to have withdrawn the access application.

Applications for Access to Information

Processing the Application

Time Limit

Under the Western Australian Freedom of Information Act (1992) the University is required to provide a decision on an application for information within 45 days of its receipt.

Notice of Decision

Within the 45 day period the University will provide the applicant with a notice of decision which will include, among other things,

• the date on which the decision was made
• the name and designation of the officer who made the decision
• information on an applicant’s rights of review and appeal including procedures to be followed in exercising those rights.

Form of Access to Documents

Documents to which access has been granted will, if possible, be made available in the form requested. Where practicable, documents may be made available for viewing.

Viewing Documents

Documents made available for viewing may normally be viewed in the office of the FOI Co-ordinator, Room G54, Administration Building, between the hours of 9.30 am and 2.15 pm Monday to Thursday inclusive. A fee will be charged for the supervised viewing of non-personal documents.

Refusal of Access

While the Western Australian Freedom of Information Act encourages open government through the release of documents and information, there is provision under section 23 to refuse access on a range of grounds. Applicants have a right of appeal in these cases, internally in the first instance and then to the Information Commissioner.

Applications for Amendment of Personal Information

The right to amend personal information in a document held by the University exists to ensure that personal information which may be used by the University does not unfairly harm the person referred to, does not misrepresent facts about him or her or does not give a misleading impression.

Applicants must provide details and, if necessary, documentation in support of their claim that the information they seek to have amended is inaccurate, out of date or misleading. In addition, applicants must indicate how they wish the amendment to be made within the options set out in the Act, namely by:

• altering information
• striking out or deleting information
• inserting information
• inserting a note in relation to information.

Processing the Application

Time Limit

Under the Western Australian Freedom of Information Act (1992) the University is required to provide a decision on an application to amend personal information within 30 days of its receipt.

Notice of Decision

A written Notice of Decision in relation to an application for amendment of a document must be given to the applicant with 30 days of receipt of the application.

Where a decision is made to amend information, the notice will give details of the amendment and, where practicable, will include a copy of the amended document.

Where a decision is made not to amend information, the notice will inform the applicant of the reason(s) for the decision and will provide details of an applicant’s rights of review and appeal, and of their right to request that a notation be added to the document disputing the accuracy of the information.

Compliance with the Act: Staff Responsibilities

All staff of the University have a responsibility to: deal with requests for information outside the FOI Act if possible; recognise applications made under the Act and forward them to the FOI Co-ordinator immediately; and ensure that they provide the FOI Co-ordinator with any documents requested promptly.

General Enquiries about Documents held by the University

Enquiries about the types of documents held by the University and how to apply for access to them may be made by contacting the University's FOI Co-ordinator. Enquiries may be directed to the FOI Co-ordinator by mail, email or facsimile or, in office hours, by telephone, or in person, by appointment.

Access to Personal Information

Members of staff wishing to inspect their personal file held by the University should apply in writing to the Director, Human Resources. Students wishing to inspect their files should contact the Registrar's Secretary on 6488 2453.

Members of the public may apply to inspect personal information about themselves held by the University by contacting the relevant Head of Department or Section direct. Before accessing personal documents, applicants must provide proof of identity for example, a birth certificate, driver's licence with a photograph, student card, University Staff ID card, or a passport.

A written application to access personal information under the FOI Act is only required where, in the opinion of the relevant section manager, the person seeking access would not as a consequence of normal University administrative procedure, have access to the documents concerned.