Freedom of Information
Contents
Introduction
Lodgement of an FOI request
About the Act
Information Statement
Documents Held by the Agency
Requests for Amendment of Information
Fees and Charges
Notice of Decision
The Freedom of Information Act 1992, which came into effect on 1 November 1993, created a general right of access to documents held by State and Local government agencies. The Freedom of Information Act 1992 requires agencies to make available details about the kind of information they hold and enables persons to ensure that personal information held by government agencies about them is "accurate, complete, up to date and not misleading". It is the aim of the Department of Indigenous Affairs to make information available promptly, for the least possible cost and wherever possible documents will be provided outside the FOI process.
In order for this Department to assist the public in accessing documents, an application under FOI must be in writing and give sufficient information to enable the requested documents to be found. Requests should be for known specific documents rather than for requests that are extremely broad. If the information is for personal information about the applicant then proof of identity must be provided by the applicant. An application for non personal information must be accompanied by a $30 application fee (other charges may also be incurred, however DIA will provide an estimate of cost if other charges are likely to apply.
To print a copy of the DIA application form, click here.
Applications may be lodged:
By Post and addressed to:
FOI Coordinator
Department of Indigenous Affairs
PO Box 7770 Cloisters Square
PERTH WA 6850
By Person and brought to the:
FOI Coordinator
Department of Indigenous Affairs
Level 1 197 St Georges Tce
Perth WA 6000
By Fax and addressed to:
FOI Coordinator
Department of Indigenous Affairs
(08) 9235 8088
For further information contact the FOI Coordinator on (08) 9235 8000.
The Freedom of Information Act 1992:
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has unlimited retrospectivity (so access can be sought to any document, regardless of age);
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requires departments to deal with an application and make a decision within a specific time (45 days maximum);
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provides an applicant's right to access and is not affected by their motive or reason for seeking access, nor a department's belief as to the reasons for access;
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requires a department to state in full, reasons for denying access to a requested document;
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provides the applicant with an avenue for appeal - internally and then if still dissatisfied, by lodging a complaint with the Information Commissioner; and
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allows a person to have personal information in an agency document amended, where it is shown that the information is inaccurate, incomplete, out of date or misleading.
Documents need not necessarily be contained on official files or registered in the Department's records management system and may include records in the possession of individual officers. Generally, if any document in any way relates to the functions and operations of DIA, it is subject to FOI.
In assisting applicants to make a request under the Act, DIA will:
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Take reasonable steps to help an access applicant make an application in a manner that complies with the Freedom of Information Act 1992.
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Take reasonable steps to help an access applicant to change an application so that it complies with the requirements of the Freedom of Information Act 1992.
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Deal with an access application as soon as practicable.
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Transfer the access application to another department (where appropriate) and without delay.
Further the DIA FOI Coordinator will:
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Take reasonable steps to help an access applicant to change an application to reduce the amount of work needed to deal with it.
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Take reasonable steps to be satisfied about the identity of an access applicant before personal information is released and ensure that only the person to whom the information relates (or an authorised agent of that person) receives personal information.
For further information about the Freedom of Information Act 1992 click here.
Section 95 of the Freedom of Information Act 1992 requires government agencies to publish an annual Information Statement about the agency and the kinds of documents it holds. In compliance, DIA's information statement is incorporated within the DIA annual report.
DIA is the custodian for much of the state's collection of historical records (archives) relating to Indigenous matters and are available for research at the State Archives at the State Records Office. DIA works in partnership with Government agencies and the community to promote social and economic equity for Indigenous people, respect for the land, and an appreciation of the State's unique heritage and culture. Records about DIA's role and responsibilities will continue to be an important part of the State's history. Please refer to DIA's public access policy.
For further information about the State Records Office click here.
If you believe that personal information held by DIA about you is inaccurate, incomplete, out of date or misleading then you can make an application requesting an amendment.
Section 46 of the Freedom of Information Act 1992 states
The application for amendment has to:
- be in writing;
- give enough details to enable the document that contains the information to be identified;
- give details of the matters in relation to which the person believes the information is inaccurate, incomplete, out of date or misleading;
- give the person's reasons for holding that belief;
- give details of the amendment that the person wishes to have made;
- give an 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.
That application also has to state whether the person wishes the amendment to be made by
- altering information;
- striking out or deleting information;
- inserting information;
- inserting a note in relation to information, or
- in two or more of those ways.
Personal information - Personal information consists of information, about an identifiable individual (the applicant) contained in documents of a department. The glossary in the Freedom of Information Act 1992 defines personal information to mean information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual, whether living or dead -
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whose identity is apparent or can reasonably be ascertained from the information or opinion; or
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who can be identified by reference to an identification number or other identifying particular such as a fingerprint, retina print or body sample.
The Information Commissioner has stated "that where an applicant has specified, in his or her application that the applicant is seeking access to personal information about himself or herself, then the agency may give access to personal information about the access applicant only".
Non-personal information - This includes access to documents created by DIA in the course of its business and functions. The regulations describe it as meaning information that is non-personal about the applicant. Applications for this kind of information will incur a $30 application fee and may also incur other charges as prescribed by the Act and Regulations. In "dealing with" an application, Section 16 of the Act outlines certain principles which DIA must adhere to in calculating costs. These are:
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a charge must only cover the time that would be spent by the agency in conducting a routine search for the document to which access is requested, and must not cover additional time, if any, spent by the department in searching for a document that was lost or misplaced;
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the charge in relation to time made under paragraph (a) must be fixed on an hourly rate basis;
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a charge may be made for the identifiable cost incurred in supervising the inspection by the applicant of the matter to which access is granted;
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no charge may be made for providing an applicant with access to personal information about the applicant;
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a charge may be made for the reasonable costs incurred by a department in supplying copies of documents, in making arrangements for viewing documents or in providing a written transcript of the words recorded or contained in documents;
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a charge must not be made for producing for inspection a document referred to in Sections 94 or 95 (Information Statement or internal manuals)
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a charge must be waived or be reduced if the applicant is impecunious; and
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a charge must not exceed such amount as may be prescribed by regulation from time to time.
It is important to avoid throwing out a dragnet in the hope of scooping up documents that may or may not be relevant to your request. An FOI request should be well thought out in terms of the specific type of information sought. DIA will not deal with an application that is excessively large. The DIA FOI coordinator will however assist the applicant in determining the scope of the request so as to make it relevant and cost effective and within the resource capacity of DIA.
In responding to an FOI request, DIA is obliged under section 30 of the Act to provide the applicant with a decision within 45 days of receipt of the request and where a decision has been made to refuse access, reasons for that decision. If the decision is deemed unfavourable to the applicant, then the Act provides certain avenues for appeal. The appeal process is officially called a review and prescribed in the following way:
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Internal Review - an internal review is carried out by another officer within DIA who is either equal to or superior in rank to the initial decision maker. It is usually the Principal Legal Officer within DIA. A decision will be made within 15 days and may confirm, vary or reverse the initial decision.
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External Review - if an internal review does not resolve the matter then the applicant may apply in writing to the Information Commissioner for an external review. The Information Commissioner will decide the best way of dealing with a complaint. Usually this will involve inspecting the disputed documents and conferring with all parties. For access to the Information Commissioner's website please click here.