Freedom of Information
Rights to Access Documents
The Freedom of Information Act 1992 (WA) (FOI Act) gives members of the public the right to apply for access to documents held by the Shire of Narrogin. An applicant’s right of access is not affected by their reasons for seeking the documents, and there is no requirement to provide a reason.
Under the FOI Act, the Shire is required to:
- assist applicants to make a valid FOI application;
- assist applicants to obtain access to documents at a reasonable cost; and
- allow individuals to apply for amendment of personal information that is inaccurate, incomplete, out of date or misleading.
While the FOI Act provides a general right of access to documents, it also recognises that some documents require protection. Access may be refused, or limited, where documents meet the exemption criteria set out in Schedule 1 of the FOI Act, including (but not limited to):
- personal information that identifies a third party;
- information concerning trade secrets; and
- information of commercial value.
Making an Application
Applications must be made in writing and addressed to the Freedom of Information (FOI) Coordinator.
Your application should:
- clearly identify or describe the documents requested; or
- if applying for amendment of your personal information, explain how or why the information is inaccurate, incomplete, out of date or misleading.
If an application is very broad (for example, requesting “everything” on a particular subject), the FOI Coordinator will assist the applicant to narrow the scope so that the application can be processed efficiently. An application may only be refused in limited circumstances provided for under the FOI Act.
Applications must also:
- include an address in Australia to which notices can be sent; and
- include a contact telephone number and/or email address where possible, to assist in processing the application.
Written applications must be lodged with the Shire together with any applicable application fee.
Applicants may download a copy of the Shire of Narrogin’s Freedom of Information Statement and Application Form from the website.
Lodgement of FOI Applications
FOI applications may be lodged by mail or email to:
Freedom of Information Co-Ordinator
Shire of Narrogin
PO Box 1145
NARROGIN WA 6312
Email: enquiries@narrogin.wa.gov.au
Time Limits
Once the Shire receives a valid FOI application, it is required to issue a Notice of Decision within 45 calendar days.
The Shire aims to respond as soon as practicable and may seek an extension of time where an application is unusually large or requires consultation with third parties, as permitted under the FOI Act.
If an applicant is not satisfied with the decision, they may apply for an Internal Review within 30 days of receiving the Notice of Decision. An internal review is conducted by an officer other than the original decision-maker, and a decision must be made within 15 days.
If the applicant remains dissatisfied following internal review, they may apply to the Information Commissioner for an External Review within 60 days. There is no fixed statutory timeframe for completion of an external review.
Charges
Applications for access to non-personal information require a $30 application fee to be paid at the time of lodgment.
Processing charges may also apply and are separate from the application fee. These charges cover the cost of locating, examining and copying documents and are set out in the FOI Act and Regulations.
If processing charges are likely to exceed $25, the Shire will provide the applicant with an estimate and ask whether they wish to proceed. Applicants must notify the Shire within 30 days of their intention to continue. In some cases, an advance deposit may be requested.
Details of all fees, charges, deposits, reductions and waivers are contained in the Shire’s FOI Information Statement.
For further information about Freedom of Information in Western Australia, visit www.foi.wa.gov.au.