The Freedom of Information Act 1992 (FOI Act) provides a general right of access to records held by the City of Armadale. The Act also ensures that personal information held by the City is accurate, complete, up to date and not misleading.
The City is required to help members of the public make an application and obtain access to documents at the lowest reasonable cost. Your right to apply is not affected by your reasons for obtaining access, or the City’s belief of your reasons for applying. However such information can often assist the Freedom of Information Officer process your application more quickly.
What information can you apply for?
Access can be sought to any document, regardless of its age or the reason for the information. The types of records the City of Armadale may hold include:
- Paper Records (including letters & correspondence)
- Electronic Records (including applications & approvals)
- Emails
- Maps
- Plans
- Photographs
- Tape Recordings
- Films / Video Tapes
- Etc.
The Act does not apply to information that is:
- available for purchase or free to the public;
- available for inspection (whether for a fee or charge or not);
- a State archive;
- publicly available library material held by agencies for reference purposes; or
- made or acquired by an art gallery, museum or library and preserved for public reference or exhibition purposes.
The following information is available via the City’s website, without the need to apply under FOI:
Steps to apply for access
Alternatively:
- Download the FOI application form below (or you can pick up a copy from the City’s Administration Centre).
- Complete the application form, providing as much as information as possible.
- Ensure you have included the application fee (if required) and proof of identity* as required
- Access to non-personal information incurs a $30 Application fee. A City of Armadale Officer will contact you for payment.
- Access to personal information is free of charge
- Proof of identity is required for access to personal information.
- Submit your application:
- In person at City of Armadale, 7 Orchard Avenue, Armadale; or
- By post to FOI Coordinator, City of Armadale, Locked Bag 2, Armadale WA 6992.
*Important note: Proof of identity must include your name and address e.g. a copy of your driver licence or passport or a utility bill.
Application fees
- Request for personal information: No charge
- Request for non-personal information: $30 (A City of Armadale Officer will contact you for payment)
Application charges
| Description |
Fees and charges |
|---|---|
| Charge for staff dealing with application and photocopying | $30/hr |
| Supervised access to records for inspection only | $30/hr |
| Transcribing information from tape, film or computer | $30/hr |
| Photocopying | $0.20/page |
| Duplicating a tape, CD, DVD or computer information | Actual cost |
| Delivery, packaging and postage | Actual cost |
Important notes:
- There is a 25% rebate on charges for pensioners and financially disadvantaged applicants (proof may be required).
- In some instances, an advanced deposit of 25% may be required. For larger applications, the deposit is 75%.
- Where FOI charges are likely to exceed $25 (excluding the application fee), you will be provided with a cost estimate. At this point you can accept the charge, or amend your application to reduce the cost.
You will be issued a decision from the City as soon as practicable - within forty-five (45) days from receipt of your application (or as otherwise negotiated).
Once your application has been assessed, you will be provided with a Notice of Decision.
The Notice of Decision provides:
- The date the decision was made
- The name and the designation of the officer who made the decision
- Process undertaken with your application
- Documents identified as falling within the scope of your application
- What (if any) information is to be withheld due to exemptions
- Options you have available should you be dissatisfied with the decision.
Copies of the released documents may be included with the decision, or provided shortly thereafter.
Important notes:
- Should a document contain both personal and non-personal information (and your request is for personal information only), the non-personal information will be deleted, unless consent is given by the third party.
- You can apply to amend information if it is not correct. Requests must be in writing to the City, detailing the changes required. There is no charge.
Refusal of access
Schedule 1 of the FOI Act recognises that some documents require a level of protection, specifically those documents that meet the exemption criteria in Schedule 1.
These exemptions include (but are not limited to):
|
Personal Information |
Information that would reveal personal information about an individual (e.g. their name, contact details, address, signature etc.) may be exempt under Schedule 1 Clause 3 of the FOI Act 1992 |
|
Commercial Information |
Information that would reveal trade secrets, information of a commercial value (e.g. documents containing technical designs that, if released, would reasonably be expected to destroy or diminish that commercial value the company), or the financial affairs of a person (e.g. debts owed to the City) may be exempt under Schedule 1 Clause 4 of the FOI Act 1992 |
|
Deliberative Process |
Information that would reveal a decision made during a deliberative process closed to the public (e.g. confidential Council meeting) may be exempt under Schedule 1 Clause 6 of the FOI Act 1992 |
|
Legal Professional Privilege |
Information that would reveal legal advice may be exempt under Schedule 1 Clause 7 of the FOI Act 1992 |
Exemptions should not be claimed unless there is a substantial reason under the FOI Act that prevents disclosure. The City is required to give full reasons for denying access to documents detailed in the Notice of Decision.
Internal review
To apply for an internal review you must make application in writing and lodge it with the City within 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).
Once received, a review will be undertaken by one of the City’s FOI Coordinators.
Important notes:
- You must lodge the request to the request within 30 days of receiving the decision (both an applicant or an affected third party)
- The Internal Reviewer can affirm the decision, vary the decision, or provide a new decision
- You will be advised of the new decision within 15 days from receipt of your application (or otherwise negotiated).
Information Commissioner (External) Review
If you are dissatisfied with the City’s Internal Review, you can lodge a request to the Office of the Information Commissioner (OIC).
Important notes:
- You must lodge the request to the OIC within 60 days of receiving the decision, or if you are an affected third party, 30 days after you are notified of the decision
- OIC can affirm the decision, vary the decision, or provide a new decision
- In certain circumstances, the OIC may decide not to conduct a review.
Under section 96(1) of the FOI Act, the City is required to prepare and publish the Information Statement annually.
This statement details the structure and functions of the City, as well as the type of documents held by the City and how to access them.
For more information about FOI please contact us.
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