FOI Review - 2010
What is freedom of information? The right of people to access government information remains a fundamental element of our robust democracy. The Freedom of Information Act 1992 enables the public to participate more effectively in governing the State, and makes Western Australian State and local government agencies and officers more accountable to the public, by creating a general right to access government documents.
How can I contribute to the review? The Information Commissioner welcomes all submissions whether they are supportive or critical of the administration of FOI in Western Australia. The Commissioner would particularly like to know your views on matters such as:
The review is concerned with the effectiveness of the processes used by agencies to administer FOI, rather than with the content of the current legislation.
How can I make a submission? Submissions can be made by: - email to
- fax to 08 9325 2152; or - mail to... Office of the Information Commissioner PO Box Z5386 St George’s Terrace
Perth WA 6831. For the submission to be effective it should:
All submissions received will be treated confidentially and not attributed to individuals or organisations.
Closing date for submissions: Friday 30 April 2010 Enquiries about the review can be directed to Grant Washer, Manager – FOI Review, on 9220 7805. Information about the Office of the Information Commissioner and the Terms of Reference for the review and can be found at http://www.foi.wa.gov.au/
REVIEW OF THE ADMINISTRATION OF FREEDOM OF INFORMATION IN WESTERN AUSTRALIA
TERMS OF REFERENCE JANUARY 2010 Background This review arises from a commitment of the Government, and a request to the Information Commissioner, to: “Review the manner in which Departments are administering the FOI process to ensure that Government is accountable and open in accordance with the spirit of the FOI Act” The Freedom of Information Act 1992 (the FOI Act) enables the public to participate more effectively in governing the State and makes the persons and bodies that are responsible for State and local government more accountable to the public[1]. It does this primarily by creating a general right of access to State and local government documents.
Authority for the Review The review is being conducted under the provisions and power of sections 63(2)(d) and (f), and section 64 of the FOI Act, which provide as follows:
63v Functions of Commissioner
(2) The functions of the Commissioner also include —
(d) ensuring that agencies are aware of their responsibilities under this Act;
(f) providing assistance to members of the public and agencies on matters relevant to this Act.
64. General powers
The Commissioner has power to do all things that are necessary or convenient to be done for or in connection with the performance of the Commissioner’s functions.
Scope of the Review
The review will examine and report on the manner
in which agencies[2]
are administering the FOI Act as currently in
force.
Timeline The review process will be managed by Mr Grant Washer under the direction of the Information Commissioner. A report detailing the analysis, findings and recommendations of the review is expected to be completed by August 2010.
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