What's New? (27 February 2008)
2008 FOI Training
Details of forthcoming 2008 FOI training sessions and a
calendar of
events are provided below.
Please contact
Grace Grandia on 92207802 to pre-register for the 2008 sessions.
The Australian Government Solicitor also provides
training applicable to WA FOI practitioners. Several topical
sessions were presented in Perth in the week commencing 15
October 2007, including an introduction to the WA Information
Privacy Bill 2007 (details
here). Details of other AGS training courses can be found
on the AGS website at:
http://www.ags.gov.au/whatweoffer/training/index.htm
Please note that this office also plans to
provide training and advice on privacy issues but must first await
the passage of the privacy bill thru both Houses of Parliament
before designing the necessary modules.
What's New? (25
November 2004)
IMPORTANT NOTICE
AMENDMENT TO THE FREEDOM OF INFORMATION ACT 1992
CLAUSE 5(1)(b) OF SCHEDULE 1
An
amendment Act was assented to by the Governor on 19 November 2004,
and amends clause 5(1)(b) of Schedule 1 to the FOI Act by deleting
the words “reveal the” and inserting instead the words
“prejudice an”. The amending Act comes into operation
immediately.
As a
result clause 5(1)(b) now provides that matter is exempt “...if
its disclosure could reasonably be expected to prejudice an
investigation of any contravention or possible contravention of the
law in a particular case, whether or not any prosecution or
disciplinary proceedings have resulted”.
The
effect of this amendment will mean:
| |
to establish the
exemption it will no longer be sufficient for an agency to
show that disclosure of the document in question will merely
“reveal” the investigation of a contravention or possible
contravention of the law; rather, it will be necessary to
show that some harm or damage to an investigation of the
relevant kind could reasonably be expected to be caused by
disclosure of the information in question. |
Relevant Parliamentary debate
about this amendment and the reasons for its introduction can be
found via the following link:
http://www.parliament.wa.gov.au/parliament/bills.nsf/BillProgressPopup?openForm&ParentUNID=2D296960FA002BEC48256D510010B551.
This exemption is now similar to that in the FOI
legislation of other Australian jurisdictions. A search of cases
and FOI legislation published on the Australasian Legal Information
Institute site may also assist in interpreting the amended clause
(see “FOI and Related Links” on our website).
FOI Training ...
Courses and
presentations to explain the Freedom of Information Act 1992 and its
processes are conducted by this office, based on the level of
demand, in the metropolitan and regional areas. The different
options and degree of time and detail are listed below.
Agencies
must ensure that all relevant staff are sufficiently aware of their
responsibilities under the FOI Act so that the process for dealing
with an application is followed correctly; and members of the public
should know their rights and process for applying for documents.
Participants
will gain an understanding of the principles and application of the
FOI Act, become familiar with the procedures for dealing with
applications and how to claim the more common exemption provisions.
Briefing sessions can also be tailored to meet the specific needs of
agencies, community groups or regional centres.
To register
your interest in attending a course please contact Grace Grandia at
this office on (08) 9220 7802 or e-mail
,
or complete the
registration form and submit.
Alternatively, contact us and let us know you are interested in a
course in your regional area, and we will advise you when one
becomes available.
COURSE NAME
|
OVERVIEW
|
DURATION
|
|
FOI Coordinator
Workshop
Target audience:
This introductory course is specifically designed for
employees dealing with FOI applications. |
To
introduce participants to the objects and the principles of
the FOI Act and the major features of the legislation.
Coverage includes: introduction to the FOI Act; the role of
decision-makers; FOI applications; exemptions; consultation
with third parties; charges; notices of decision and review;
amendment of records; publication of information; statistics
and reporting.
Outcome
Participants will be able to explain the intent of the FOI
Act, apply the principles, and assist applicants gain access
to documents, where appropriate.
|
9am-4pm
(lunch
provided) |
|
Decision-Makers
Forum
Target audience:
FOI Coordinators and decision-makers. |
This
forum covers the processes of decision making; consultation;
the options available to agencies when large applications
are received; assisting the applicant redefine the scope of
the application; procedures and processes required to be
followed before refusing to deal with an application;
refusing to deal with; exemptions; material facts; public
interest and the notice of decision requirements.
Outcome
Participants will gain an understanding of section 20 of the
FOI Act, and the process to follow firstly by assisting the
applicant reduce the scope of the request and, where the
applicant is not willing to cooperate, to make the
appropriate decision in accordance requirements of the FOI
Act.
|
˝ day |
FOI Briefing
(Agencies)
Target audience:
Agency Executive; managers; or any staff in agency to raise
awareness in general. |
Briefings can be tailored to meet an agency’s specific
needs.
E.g.
·
A basic
overview of the FOI Act and the process relevant to the
organisations functions.
·
The
application of particular exemptions and the requirements of
each.
·
Understanding the public interest test.
·
The
preparation of a notice of decision that complies with
section 30 of the FOI Act.
·
Outcome
Participants will gain an understanding and clarification of
any particular aspect of concern raised prior to or during
the briefing.
|
Varies -
dependent on content of briefing. |
FOI Briefing
Target audience:
Community groups; public etc. |
Briefing
on FOI process.
Outcome
Participants will become aware of their rights and how to
use FOI when applying for access to documents from Western
Australian government agencies.
|
1 hour |
The format of
each workshop/seminar/briefing is informal and interactive, allowing
for clarification of any points raised. At the conclusion there
will be time for questions/discussion on any aspect of the FOI
process.
There is no
charge for attendance at any of the courses.
Following is
the training calendar for the current year. Every effort will be made to run
courses on dates specified but may be subject to change. Venues
are included only if confirmed and are also subject to change.
FOI
TRAINING CALENDAR 2008
If you are interested in FOI training please
register your interest even if courses are marked as fully booked -
further courses will be scheduled based on the level of demand. All
courses are subject to confirmation and based upon the legislative
framework in operation at the time. Please refer
above for session overviews.
|
Location
|
Course |
Date |
Status |
|
Regional visits |
To be
advised |
To be
arranged based on interest. |
Open
for registrations |
|
12th
Floor,
44 St Georges Tce Perth |
FOI
Coordinator's Workshop |
21
May 2008
9.00 a.m. - 4.00 p.m. |
Fully
booked! ** |
** Please register
your interest in attending workshops as more will be scheduled as
needs dictate.
What's New? (18 August 2005): Conciliation
Case Summaries
Section 71 of the FOI Act gives the Information Commissioner express
power to try to resolve complaints by conciliation or negotiation
between the parties. The external review model adopted by the
Information Commissioner emphasizes informal resolution processes,
such as resolution by negotiation and conciliation, wherever
possible.
In each year of operation since 1994, the rate of complaints
completely finalized by conciliation as opposed to those complaints
that required a decision by the Information Commissioner has
consistently exceeded 50% of all complaints finalized. In the year
2004/05, 66% of complaints were finalized completely by
conciliation. In addition, even where complaints are ultimately
finalized by a decision of the Information Commissioner, the
conciliation process has often been instrumental in resolving some
of the issues involved and/or reducing the number of documents in
dispute.
Although the FOI Act requires the Information Commissioner to
arrange to have his or her decisions published to ensure that the
public is adequately informed of the grounds on which such decision
are made there is no such requirement in relation to complaints
finalized where a decision is not made. Some of those cases are
illustrative of interesting issues arising under the FOI Act and
alternative approaches to dealing with applications, and may be
helpful to members of the public and agencies alike in approaching
their rights and responsibilities under the Act.
The Information Commissioner’s functions under the FOI Act include
ensuring that agencies and members of the public are aware of their
rights and responsibilities under the FOI Act and providing
assistance on matters relevant to the Act. Therefore, as an
initiative to better inform the public and agencies of their rights
and responsibilities under the FOI Act, the Information Commissioner
will, with effect from 1 July 2005, publish case summaries of
selected conciliated complaints that may be of interest and give a
better understanding of the kinds of complaints that come before the
Information Commissioner and the manner in which the officers in the
Resolution of Complaints section of the Office resolve issues in
dispute by alternative means.
As the Information Commissioner is not required to publish details
of conciliated complaints, the Conciliation Case Summaries have been
carefully prepared so as not to disclose the identities of the
parties involved to protect the privacy of those parties.
Links to the Conciliation Case Summaries can be found
here.
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