Freedom of Information
The Freedom of Information Act 1992 (WA) give the public the right to access documents of State and local government agencies. It ensures that personal information in documents is accurate, complete, up to date and not misleading.
The Western Australian Freedom of Information Act (1992) (“the Act”) applies to Curtin University.
To request information from the University under the Act, you must submit a formal request in writing.
The request should be addressed to:
Freedom of Information Coordinator
Curtin University
Curtin Information Management and Archives
GPO Box U1987
Perth WA 6845
Email: foicoordinator@curtin.edu.au Phone: 08 9266 1036
Mobile: 0466 552 523
You should include a processing fee for all non-personal information.
All subpoenas and summonses must be directed Legal Services.
Applications for access to personal information must be in writing.
If the information you seek relates to you, there is normally no charge for this information.
Personal information can be:
- factual or routine information such as date of birth, length of employment, names of dependants, etc
- opinions or evaluative material such as advice or recommendations of a third party, for example, records of interviews, material in personnel records.
You may be requested to produce proof of your identity before any information is provided to you. A driver’s licence (with photograph) or passport is preferred.
If the information you are seeking is not directly about you, then this is deemed to be non-personal information, and you will be asked to pay a fee.
When seeking access to general or non-personal information, it is preferable to first discuss the matter with the Freedom of Information Officer by telephoning (08) 9266 1036.
When submitting a request for Non-Personal Information you will be required to pay a $30.00 application fee, with your formal written request. Any further charges will be explained to you as part of the process of dealing with your application. Payment can be made via the University’s electronic payment system (ePay). Once in the system choose the following menu options:
- Other payments
- Other payments
- Freedom of Information – NOT ‘requests for information’
- Application Fee $30
Under the Western Australian Freedom of Information Act 91992), the University is required to respond to an application for information within 45 days of the application being considered valid.
Notice of decision
Within the 45 day period, the University will provide you with a Notice of Decision which will include, among other things:
- the date on which the decision was made
- the name and designation of the officer who made the decision
- information on the right of review and appeal including procedures to be followed in exercising these rights.
Refusal of Access
While the Western Australian Freedom of Information Act (1992) encourages open government through the release of documents and information, there is provision under Section 23 to refuse access on a range of grounds.
Where to Inspect Documents
Arrangements for access are negotiable and will be as agreed between the University and the applicant.
The schedule of charges is provided below:
The following charges may be applied by the University when processing an FOI application:
- Charge for time taken dealing with the application – $30 per hour
- Charge for access time supervised by staff – $30 per hour
- Charge for photocopying – $30 an hour for staff time and 20c a copy
- Charge for time taken by staff transcribing information from a tape or other device – $30 per hour
- Charge for duplicating a tape, film or computer information – actual cost
- Charge for delivery, packaging and postage – actual cost
Estimate of Charges
In cases where charges levied are expected to exceed $25 the applicant will be provided with an estimate of charges as soon as possible after receipt of the application.
Advance Deposits
The University has a right to request an advance deposit of between 25 and 75 per cent if required.
Reduction of Charges
A 25 per cent reduction in charges may be sought in the case of financial hardship. Proof of financial hardship may be requested.
You have the right to amend personal information in a document held by the University to ensure that personal information which may be used by the University does not unfairly harm you, does not misrepresent facts about you, or does not give a misleading impression.
You must provide details and, if necessary, documentation in support of your claim that the information you seek to have amended is inaccurate, out of date or misleading. In addition, you must indicate how you wish the amendment to be made within the options set out in the Act, namely:
- altering information;
- striking out or deleting information;
- inserting information;
- inserting a note in relation to information
On reaching a decision the University will, within 30 days of receipt, give you a written notice of its decision.
Where a decision is made to amend information, the notice will give details of the amendment and, where practicable, will include a copy of the amended document.
If the decision is not to amend the information, the notice will inform you of the reason(s) for the decision, along with details of your rights of review and appeal and the right to request that a notation be added to the document disputing the accuracy of the information.
Applicants have a right of appeal where they do not agree with a decision made by the University’s Decision Maker. In the first instance the University will be required to conduct an Internal Review of the decision.
If you seek an Internal Review, you must do so within 30 days of the receipt of the Notice of Decision. Upon receipt of your request, Curtin will have 15 days in which to conduct the Internal Review.
An Internal Reviewer will be appointed to look at your application. This person will be someone not subordinate to the original Decision Maker. The Internal Reviewer will examine the file and will consider both the decisions and the process used to arrive at the decisions. The Internal Reviewer will then either confirm the decision, or may alter all or any part of it.
If you disagree with the result of the Internal Review you can then apply to the Office of the Information Commission for an External Review.
The FOI Officer will be happy to explain your rights in these circumstances.
The function of the Information Commissioner is to:
- deal with complaints made about decisions made by agencies in respect of access applications and applications to amend personal information
- ensure that agencies are aware of their responsibilities under the Act
- ensure members of the public are aware of the Act and their rights under it
- provide assistance to members of the public and agencies on matters relevant to the Act
- recommend to Parliament legislative or administrative changes that could be made to help the objects of the Act be achieved
Further information on Freedom of Information can be obtained from this Office through the following contacts:
Office of the Information Commissioner
Albert Facey House
469 Wellington Street
PERTH WA 6000
Telephone: (08) 6551 7888
WA Country Callers: 1800 621 244
Facsimile: (618) 6551 7889
E-mail: info@foi.wa.gov.au
Website: http://www.foi.wa.gov.au
The website of the Office of the Information Commissioner contains further information on the FOI process and has a number of publications which may be of interest to applicants.
