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 calendar days after being given a written notice of the decision to apply to the agency for an 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.
What if the agency does not give me a decision in the required time?
If the agency does not give you a written notice of decision within the 45 calendar days, you have a right to apply to the agency for an internal review of the “deemed refusal” within 30 calendar days of the date by which the agency should have provided you with a notice of decision. The agency then has 15 calendar days to conduct a review and to give you a written notice of decision. Another person in the agency, who is not subordinate to the original decision-maker, must make the decision on internal review
What can I do then?
If you are an access applicant and you are dissatisfied with the internal review decision you may apply to the Information Commissioner for an external review within 60 calendar days of being given the agency’s notice of decision. You must provide a copy of the internal review decision notice when you apply for external review.
If you are a third party affected by the decision, you only have 30 calendar days from being given an internal review decision to lodge an application for external review.
What can I do if the agency does not give me an internal review decision in the required time?
If you have not been given a notice of decision within 15 calendar days after applying for internal review, the agency is deemed to have confirmed its original decision. You may then apply to the Information Commissioner for an external review of that deemed confirmation within 60 days of the date by which the agency should have provided you with a notice of its internal review decision. In such a case, it would assist if you provide Information Commissioner with a copy of the original decision notice when you apply for external review.
If you are a third party affected by the decision, you only have 30 calendar days from the date by which the agency should have provided you with a notice of its internal review decision to lodge an application for external review.
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.
How do I apply?
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.