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Frequently asked questions
What happens after I have lodged my application?
The agency has a maximum of 45 calendar days to deal with your access application and to decide whether you can have access to the documents. You can negotiate a shorter or longer period with the agency or you may apply to the Information Commissioner to reduce the time allowed for the agency to deal with your application.
What if I need the documents urgently?
You should tell the agency if you need a decision about access by a particular time. You should try to agree a timeframe with the agency. If you cannot reach agreement with the agency, then you can apply to the Information Commissioner for a reduction of the time.
How will I know when the agency’s decision has been made and what it is?
The agency must provide you with a written notice of decision informing you whether you will be provided with access to all or some of the documents you have requested. If the agency refuses you access to any documents or parts of any documents, the written notice must provide you with the reasons for the decision. It must also explain your rights of review.
What if I am not happy with the agency's decision?
If you are dissatisfied with the agency’s decision you have 30 days to make an application for internal review. The agency then has 15 calendar days to conduct a review. Another person in the agency, who is not subordinate to the original decision-maker must make the decision on internal review.
If you are dissatisfied with the decision you may lodge a complaint with the Information Commissioner within 60 days of receiving the agency’s notice of decision. If you are a third party affected by the decision of the agency you have 30 days.
What if the decision was made by the Chief Executive Officer?
Internal review is not available, but you can apply to the information Commissioner for an external review.
Is there anything I can do if the documents contain information about me that is not right?
You can apply to amend personal information about you which you consider may be incorrect, incomplete, out of date or misleading.
Your application has to be in writing and you must give reasons why you consider the information is wrong. You must state whether you wish the amendment to be made by altering, striking out or deleting information or inserting information or by the agency adding a note explaining your view about the information. The agency must inform you of its decision, its reasons, and your rights of review
What if I am not happy with a decision regarding amendment of personal information?
After internal review, you may apply to the Information Commissioner for an external review of the decision.
Does GST apply to fees and charges prescribed under the FOI Act?
No. They are exempt under Determination No. 2 2000, made by the Federal Treasurer (Exempt Fees and Charges) Part 5 (Western Australia) page 203.
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