1.1 WHAT IS THE FREEDOM OF INFORMATION ACT ALL ABOUT?

The Freedom of Information Act grants you the legally enforceable right to access records (which are not otherwise exempt) held by both State and Local Government agencies. You do not need to demonstrate any connection to or reason for seeking access to these records.

It gives you the right to apply to have personal information we hold to be altered if you believe it is inaccurate. (At no cost).

It obligates the City of Melville to make certain information available about the way it operates.

1.2 WHAT ARE THE COSTS INVOLVED?

The costs may vary from one application to another dependant upon the information required. An initial fee of $30.00 is payable on lodgement of the application. Charges also apply at the rate of $30.00 per hour for processing, supervision, transcribing and photocopying time. Photocopying charges of 20 cents apply for each copy. Additional charges may apply in respect of the provision and delivery of information.

The City may require an advance deposit on charges payable. (Full details of charges are detailed at the end of this section).

1.3 WHAT CAN I DO IF I AM DENIED ACCESS TO SOMETHING?

The Freedom of Information Act provides for a review and appeal process. You may seek an Internal Review or if you are still not satisfied a review by the Information Commissioner and still further you can appeal to the Supreme Court.

The Internal Review – If you are dissatisfied by a decision that we make concerning your application then you can apply to the City for an Internal Review of this decision. To apply for an Internal Review you must make application in writing and lodge it with the City within thirty (30) days of being notified of the original decision. There is no charge for an Internal Review. (A form is available to assist with the application for an Internal Review).

External Review by the Information Commissioner – If you are still dissatisfied after the Internal Review has been completed, you may seek a review by the Information Commissioner. This request must be made in writing to the Information Commissioner giving details of the decision to which your complaint relates.

Appeals to the Supreme Court – Any party to a complaint may appeal to the Supreme Court on any question of law arising out of a decision of the Information Commissioner, except for a decision as to the deferral of access to a document, the charges to be imposed for dealing with an access application and the payment of a deposit on account of charges.

1.4 FOI APPLICATION

To be a valid application, the FOI Act requires that an application must:

• be in writing;

• give enough information to identify the documents;

• given an Australian address for correspondence;

• be accompanied by the application fee;

• be lodged at the office of the agency;

• give any other information required under regulations

A form is available to assist you in submitting an appropriate application, otherwise a written application would be sufficient.

The City of Melville may request proof of your identity, eg. current driver’s licence.

If you are seeking access to a document(s) on behalf of another person, the City of Melville will require authorisation, usually in writing.

Your application will be dealt with as soon as practicable (within 45 days) after it is received.

Further information can be obtained from the City of Melville Freedom of Information Coordinator (Telephone: (08) 9364 0616).

The Freedom of Information Act 1992 is available for purchase from the State Law Publisher, 10 William Street, Perth (Telephone: (08) 9321 7688).

1.5 FORMS OF ACCESS

You can request access to documents by way of inspection, a copy of a document, a copy of an audio or video tape, a computer disk, or a written document in case of a document where words can be reproduced in written form.

Click here for an application form

1.6 FREEDOM OF INFORMATION CHARGES

A scale of fees and charges set under the FOI Act Regulations appears below. The Application Fee for non personal information must be paid in full. Fees can not be waived or reduced. Apart from the application fee for non-personal information, all charges are discretionary. The charges are as follows:-

Deposits

• Advance deposit which may be required by an agency under Section 18(a) of the Act, expressed as a percentage of the estimated charges which will be payable in excess of the application fee. 25%

• Further advance deposit which may be required by an agency under Section 18(4) of the Act, expressed as a percentage of the estimated charges which will be payable in excess of the application fee. 75%

  
  For financially disadvantaged applicants or those issued with prescribed pensioner concession cards, the charge payable maybe reduced by 25%.