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) (WA) applies to Curtin University.
The Freedom of Information process is document-centric. This means that to request documents from the University under the Act, you must submit a formal request in writing specifying the documents you seek.
The request should be addressed to:
Freedom of Information Coordinator
Curtin University
Legal Services
GPO Box U1987
Perth WA 6845
Email: foicoordinator@curtin.edu.au
You should include a processing fee for all non-personal information.
Applications for access to documents which contain personal information must be in writing. If the documents you seek relate to you, there is normally no application fee.
Personal information can be, but is not limited to:
- factual or routine information such as date of birth, length of employment, names of dependants, etc
- material in staff personal records.
You may be requested to produce proof of your identity before any documents are provided to you. A driver’s licence (with photograph) or passport is preferred.
If the documents you are seeking are not directly about you, this is deemed to be non-personal information, and you will be required to pay the $30 application fee with or soon after your formal written request. Any further charges due will be explained to you as part of the process of dealing with your application. Payment is to 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 Act, the University has 45 days after the application is considered valid to provide the applicant 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; and
- information on the right of review and appeal including procedures to be followed in exercising these rights.
Refusal of Access
While the Act encourages open government through the release of documents and information, there is the provision to refuse access to whole documents or parts of documents on a range of grounds.
There is also provision to refuse to process an application if it is deemed to be too large. The Freedom of Information Officer will work with the applicant, to reach a mutually suitable position to proceed.
Where to Inspect Documents
Arrangements for access to documents are negotiable and will be as agreed between the University and the applicant.
The following charges may be applied by the University when processing an FOI application:
- time taken dealing with the application – $30 per hour;
- access time supervised by staff – $30 per hour;
- photocopying – $30 an hour for staff time and 20c a copy;
- time taken by staff transcribing information from a tape or other device – $30 per hour;
- duplicating a tape, film or computer information – actual cost; and
- 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 will be requested.
The applicant has the right to amend personal information in a document held by the University to ensure that personal information held does not unfairly harm , does not misrepresent facts, or does not give a misleading impression.
The applicant must provide details and, if necessary, documentation in support of the claim that the information sought to be amended is inaccurate, out of date or misleading. In addition, the applicant must indicate how the amendment is to be made within the options set out in the Act, namely:
- altering information;
- striking out or deleting information;
- inserting information; or
- inserting a note in relation to information
On reaching a decision the University will, within 30 days of receipt of the request to amend personal information, provide the applicant with a written notice of its decision which will include details of the amendment and, where practicable, will include a copy of the amended document.
If the decision not to amend the personal information, the notice will inform the applicant 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 if they are not satisfied with a decision made by the University’s FOI Decision Maker. In the first instance the University will be required to conduct an Internal Review of the decision.
If an Internal Review is requested, it must be received within 30 days of the receipt of the Notice of Decision. Upon receipt of this request, Curtin has 15 days in which to conduct the Internal Review.
An Internal Reviewer will be appointed to look at the 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, alter all or any part of it.
if the applicant is not satisfied with the Internal Review decision, there is provision to 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; and
- 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
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.