The Freedom of Information Act 1992 (WA) (FOI Act) gives individuals the right to access local government documents and records, subject to certain limitations.
About FOI
The FOI Act is in place to provide the public with the right to access documents held by government agencies, helping to promote transparency and accountability in government decision making. The Act also allows individuals to access and make amendments to their personal information if it is inaccurate, incomplete, out of date or misleading.
A document under the FOI Act means:
- any record; or
- any part of a record; or
- any copy, reproduction or duplicate of a record; or
- any part of a copy, reproduction or duplicate of a record.
For example, paper records, maps, plans and electronic records including emails.
The Act recognises that some documents and information need to be protected. When processing a FOI application, the City must consider the exemption clauses in schedule 1 of the Act. If an exemption applies, access to a document or some information within a document may be refused.
Access rights under the FOI Act do not apply to documents available to view or access outside of the Act and/or under another legislation.
How to apply
The FOI Act states that all application must be:
- Made in writing.
- Provide enough information to be able to identify the requested documents.
- Include an Australian postal address.
- A $30 application is also required for all non-personal information applications and additional charges may apply.
Understanding what is personal information.
Application can be submitted through an online application form:
Non-personal information online application form
Personal information online application form
Alternatively, applications are also accepted by email, post and in person at either the Civic Centre or Clarkson Library.
For advice and support contact the City via:
Phone: (08) 9405 5000
Email: foi@wanneroo.wa.gov.au
In person: Civic Centre, 23 Dundebar Road Wanneroo.
The FOI regulations require a $30 application fee for non-personal applications.
Additional processing charges may apply. These are set in the regulations and are as follows:
- Staff time (per hour): $30.
- Photocopies (A4): $0.20 each.
- Large format (A0-A3): Based on A4 cost.
- Duplicating tapes/films/data: Actual cost.
If estimated charges exceed $25, an estimate will be provided and a deposit may be requested:
- 25% of estimated charges is required upfront.
- Up to 75% later if required.
Though the FOI Act provides a general right to access documents held by the City, it also recognises that some documents need to be protected. Schedule 1 to the FOI Act details 15 exemption clauses. Of which these are the mostly commonly applied.
Personal information
Information, that if released would reveal personal information relating to an individual, other than the applicant, is generally exempt under clause 3.
Understanding what is personal information.
Under subclause 5 the personal information of others may be released if the applicants can provide evidence showing that the individual concerned consents to the disclosure of the information to them.
The prescribed details of an officer and City contractors are in most cases not exempt.
Business and commercial information
Trade secrets along with other information that has commercial value, which if released could negatively impact that value, is exempt under clause 4.
Information is also exempt under this clause if its release could negatively impact the business, commercial or finical affairs of a person or prejudice the supply of this type of information to the City or the Government in the future.
Legal professional privilege
Legal advice is exempt under clause 7 of the FOI Act.
For a full list of the exemption clause refer to schedule 1 in the FOI Act.
Additional information is also available on the OIC’s FOI Exemptions page.
Timeframe
Applications are required to be completed as soon as practicable possible or within the permitted period. The permitted period is 45 days after an application is received, or as agreed on between the applicant and the City.
Notice of decision
A Notice of Decision is an official written statement that informs the applicant of the outcome of their Freedom of Information request. It explains whether access to the requested information has been granted, refused, or partially provided and includes the reasons for the decision in accordance with the FOI Act.
The City is required to publish an annual Information Statement, see below
Frequently asked questions
A personal application is a request for documents containing information or opinion which refers to yourself only. Most documents contain both personal and non-personal information. For personal applicants any non-personal information is not considered part of the application request and as such is likely to not be included in the information released.
A non-personal application is a request for documents containing information that is beyond just your personal information.
Further details about what is consider personal information is available on the Office of the Information Commissioners website.
- The City’s publications as annual reports, financial reports and policies are available on our website along with our code of conduct, official registers, and Council meetings document. These documents are available to the public in line with the Local Government Act 1995.
- Property owners can order copies of building records for their property under the Building Act 2011.
- Copies of permits (building / demolition / occupancy) and building approval certificates are available to the public to inspect under the Building Act 2011.
- Residents that have been involved in a dog attack can request a copy of their statement from the Ranger investigating the incident.
No, this is considered personal information and exempt under clause 3(1).
Plans for private properties are generally exempt under clause 3 and clause 5. For more details, please contact the City on 9405 5000 or email foi@wanneroo.wa.gov.au
If you have the consent of the property owner, you can request to view a copy of the plans.
Yes, applicants and third parties have the right to seek review of the City decisions.
In the first instance you can apply for an internal review. The process for applying for an internal review will be included in the Notice of Decision.
If you are still not satisfied after the internal review, you can seek a review by the Information Commissioner.
Further information about the review process and party rights can be viewed on the following websites:
If you believe the City holds inaccurate, incomplete, out of date or misleading information about you please contact us on (08) 9405 5000.
If you are not satisfied with our response you may wish to apply for an amendment of your personal information contained in a document.
To apply for amendment of personal information please email foi@wanneroo.wa.gov.au with the following:
- enough details to enable the document that contains the information to be identified.
- why youbelieve the information is inaccurate, incomplete, out of date or misleading.
- the amendment that you wish to have made;
- include an address in Australia postal address.
FOI applicants often request documents that contain the personal and business information of others.
To ensure the privacy, commercial and financial interests of third parties are protected a document or information within it can be exempt from release under clauses 3 and 4 in schedule 1 of the FOI Act.
If the City proposes on releasing information that could be considered personal or commercially sensitive we are required to consult you prior to its release.
If, following consultation, the City still intend to release the information against your wishes you will be provided with written notification of our decision and given the opportunity to seek review. Refer to the Third party rights under the FOI Act for more information.
Any information you provide to the City is subject to the FOI Act. Information and opinion you provide to the City about other individuals is considered their personal information and may be released to them.
