The Western Australian Freedom of Information Act 1992 (FOI) provides for access to documents held by State Public Sector Agencies and local governments.  The Office of Energy is required to facilitate public access to documents at the lowest reasonable cost, and to ensure that personal information is accurate, complete, up-to-date and not misleading.  An applicant's right to apply for access to documents is not affected by the Office's view of the applicant's reasons for applying.

Documents may comprise written material, plans, drawings, photographs, tape recordings, films, and videotapes.

The aim of FOI is to:

• strengthen democracy;
• promote open discussion of public affairs;
• open discussions to informed and rational debate;
• ensure the community is kept informed about the operation of government agencies; and
• avoid undue secrecy about the activities of government and its agencies.

However, the FOI Act has exemption provisions to protect from disclosure, documents which would have a detrimental effect on the functioning of government or harm the interests of private individuals or commercial organisations.

Applications

Contact

For further information regarding the freedom of information process or assistance with preparing an application, the Freedom of Information Coordinator can be contacted as follows:

Director of Corporate Services
Office of Energy
Level 9, Governor Stirling Tower
197 St Georges Terrace
PERTH  WA  6000

Telephone:           08 9420 5600              Facsimile:       08 9420 5700

FOI Operations

The Office aims to make information available promptly at the least possible cost.  Whenever possible, documents will be provided outside the FOI process.  If information is not routinely available, the Freedom of Information Act 1992 provides the right to apply for documents held by the Office and to enable the public to ensure that personal information in documents is accurate, complete, up-to-date and not misleading.

Freedom of Information Applications

Access applications must:

• be in writing;
• give enough information so that the documents requested can be identified;
• give an Australian address to which notices can be sent (preferably include a contact telephone number);
• be lodged at the agency; and
• be accompanied by the application fee.

Applications and enquiries should be addressed to the Freedom of Information Coordinator as listed above.  Applications will be acknowledged in writing and you will be notified of the decision within 45 days of being lodged.

Charges

A scale of fees and charges are set under the FOI Act Regulations.  Apart from the application fee for non-personal information, all charges are discretionary. The charges are as follows:

Type of Fee

• Personal information about the applicant - No fee
• Application fee (for non personal information) - $30.00
• Internal Review - No fee
• External Review - No fee

Type of Charge

• Charge for time dealing with the application (per hour, or pro rata) - $30.00
• Access time supervised by staff (per hour, or pro rata) - $30.00
• Photocopying staff time (per hour, or pro rata) - $30.00
• Photocopies (per copy) - $0.20
• Transcribing from tape, film or computer (per hour, or pro rata) - $30.00
• Duplicating a tape, film or computer information - Actual Cost
• Delivery, packaging and postage - Actual Cost

There is a 25% reduction in charges for financially disadvantaged applicants or those in receipt of health benefits.

Notice of Decision

As soon as possible, but in any case within 45 days, you will be provided with a notice of decision.  A notice of decision is designed to enable you the applicant to see what was taken into account when making the decision.  A notice of decision will include details such as:

• the date the decision was made,
• the name of the officer who made the decision,
• details of any charges,
• the details of the decision, i.e. the reason for refusal or type of access allowed,
• Information on the right to review and the procedures to be followed to exercise those rights.

Exemptions

Some documents, if released, would hinder the proper functioning of government, or would have an adverse effect on the private and business interests of individuals and must therefore be protected form disclosure.

The exemptions are for information relating to:

• Cabinet and Executive Council
• Inter-governmental relations
• Personal Information (unless about the applicant)
• Commercial or Business Information
• Law enforcement, public safety and property security information
• Deliberative processes
• Legal or professional privilege
• Confidential communications
• The State's economy
• The State's financial or property affairs
• Effective operation of agencies
• Contempt of Parliament or Court
• Information as to adoption or artificial conception
• Information protected by certain statutory provisions
• Information as to precious metal transactions

Note: This does not mean that all information relating to these subjects is exempt.

Office of the Information Commissioner

The role of the Information Commissioner is to independently review access decisions where there is a conflict in relation to the release of documents under the Freedom of Information Act 1992 - link to Act http://www.slp.wa.gov.au/statutes/av.nsf/SlpActV?openagent&act=Freedom+of+Information+Act+1992

The Information Commissioner also provides independent advice and assistance to both applicants and agencies on matters relevant to the Act.

Should you require further information, please visit the Information Commissioner's website at http://www.foi.wa.gov.au/