The Freedom of Information Act 1992 gives the public the right to apply for access to documents held by the City of Stirling (subject to some limitations). It is an individual’s responsibility to ensure that personal information held by the City is accurate, complete and up-to-date.
Documents accessible under the Freedom of Information Act (FOI) include (but are not limited to):
- Paper records
- Maps, plans and drawings
- Electronic records including emails.
- Access rights do not apply to documents that are already publicly available.
While the FOI Act provides a general right of access to documents, it also recognises some documents require a level of protection; specifically those documents that meet the exemption criteria in Schedule 1 of the Act, which includes (but is not limited to):
- Personal information that identifies a third party
- Information concerning trade secrets
- Information of commercial value
- Any documents, which if released, would have a detrimental effect on the functioning of the City or would harm the interests of private individuals or commercial organisations.
More examples of exemptions can be found on the Office of Information Commissioner website.
Information statement and application process
Part 5 of the FOI Act requires the City to prepare and publish an Information Statement which includes:
- The City's mission statement
- Details of legislation administered by the City
- Details of the City's structure and functions
- Details of decision-making functions within the City
- Opportunities for public participation in the formulation of policy and performance of the City's functions
- Documents held by the City
- The operation of FOI in the City.
- Lodge the submission online, however, if the applicant does not have access to the internet or a computer, a physical copy of the form can be collected from the Main Admin Centre at 25 Cedric Street, Stirling
- Include specific details to identify the requested documents. General requests, such as ‘all documents’ for an unspecified period of time can involve unnecessary resources, be time consuming and costly to the applicant
- Have an Australian address and telephone number.
Fees and charges schedule
There are no fees if the application is for personal information relating to the applicant. A fee of $30 is required for other applications and there may be additional charges for dealing with the request if the search for documents is extensive and ancillary costs need to be applied.| Fees | |
|---|---|
Application fee for non-personal information | $30 |
Application fee for personal information | No fee |
Charges | |
Staff time for dealing with application | $30/hour |
Supervised access to records for inspection | $30/hour |
Transcribing information | $30/hour |
Photocopying | 20 cents per page |
Duplicating a tape, CD, DVD or computer information | Actual cost |
Packaging and postal | Actual cost |
Deposits | |
An advance deposit may be required | 25% |
An additional advance deposit may be required for large applications | 75% |
*An applicant who is the holder of a currently valid concession card issued on behalf of the Commonwealth to that person, or any other card which may be prescribed as being a pensioner concession card under the Rates and Charges (Rebates and Deferments) Act 1992, or an applicant in the opinion of the City who is impecunious, the charges payable is reduced by 25%. No reduction is applicable to the application fee.
Decision
The FOI Act provides a 45-day time-frame from the date an application is received, to the City handing down its notice of decision.Once the City receives a valid application, a search will be conducted to identify the requested documents.
The documents will be reviewed against the exemptions set out under Schedule 1 of the FOI Act. If and where required, the City will consult with third parties.
The notice of decision will detail:
- The process undertaken
- The documents identified as falling within the scope of the application
- Any information that is withheld (due to exemptions)
- The options available to the applicant should the applicant be dissatisfied with the decision.
For more information, please visit the Office of the Information Commissioner website.
FAQs
This is not supported by FOI.
A person can request the owner details of an adjoining property subject to completing a statutory declaration stating the reason or purpose for the request (some conditions apply).
Section 27 provides for the agency to allow access by viewing but any internal layout detail is required to be redacted as per Clause 5 of the FOI Act.
- Section 27- ways in which access can be given (1) Access to a document may be given to the applicant in one or more of the following ways: (a) by giving a reasonable opportunity to inspect the document. (2) If the applicant has requested that access to a document be given in a particular way the agency has to comply with the request unless giving access in that way (b) would involve an infringement of copyright belonging to a person other than the State, in which case access may be given in some other way.
- Schedule 1 (Clause 5) - law enforcement, public safety and property security (1) The matter is an exempt matter if its disclosure could reasonably be expected to - (e) endanger the life or physical safety of any person (f) endanger the security of any property.
- Schedule 1 (Clause 3) - personal information. The matter is an exempt matter if its disclosure would reveal personal information about an individual (whether living or dead).
This information is considered personal information about a third party and is subject to Clause 3 of the FOI Act.
- Schedule 1 (Clause 3) - personal information. The matter is exempt matter if its disclosure would reveal personal information about an individual (whether living or dead).
The intent of the FOI Act is to provide documentation, not to answer specific questions; these can be directed to the relevant business unit for a response.
