The Freedom of Information Act 1992 (FOI Act) aims to promote transparency, accountability and openness in government decision making and administration. The FOI Act applies to most WA government agencies, including public hospitals and public universities.

The FOI Act grants the right to:

• seek access to documents created or held by Curtin
• request amendment to personal information contained in documents held by Curtin.

Curtin aims to provide information promptly and cost-effectively, and will consider releasing documents outside the FOI Act wherever possible.  Curtin’s Information Statement sets out the types of information held by Curtin and the various options available for accessing it.

For enquiries in relation to the FOI Act, access to records or amendment of personal information, please email FOICoordinator@curtin.edu.au.

The Office of the Information Commissioner

The Office of the Information Commissioner (OIC) oversees the FOI Act, providing guidance to agencies and helping individuals understand how to access information.

For further information about the OIC visit wa.gov.au/organisation/office-of-the-information-commissioner.

Request to access documents

How to apply

To have your application for access to documents processed under the FOI Act, it must satisfy the requirements set out below. An application won’t be considered valid until all applicable requirements have been met. Applications must:

• be in writing and can be sent either by email to FOICoordinator@curtin.edu.au or by post to Freedom of Information Coordinator, Curtin University, Legal Services, GPO Box U1987, Perth WA 6845
• give enough information to enable the requested documents to be identified, including date ranges, topic, document type and relevant names where possible
• give an address in Australia to which notices under FOI Act can be sent and we also recommend providing an email address so we can contact you efficiently
• for applications for non-personal information, pay the fee set by the OIC for access to non-personal information (see below under “Fees and Charges”).

If you are applying to access personal information, you may be asked to confirm your identity with a form of identification such as a passport or driver’s licence.

Fees and charges

Application fee

A $30 application fee applies to requests for non-personal information. This can be in cash, or by visiting payments.curtin.edu.au/home/menu.

Charges

Curtin may charge additional amounts for applications for non-personal information as set out in schedule 1 of the Freedom of Information Regulations 1993.

If we expect charges will exceed $25, we will give you an estimate of charges as soon as possible.  We may request an up-front deposit of between 25% to 75%. 

Processing your application

Curtin has 45 days from the date an access application is deemed valid to issue a notice of decision. The size, complexity and number of third-party consultations will impact the processing time for applications.

If your application is broad in scope, we will assist you to narrow it where possible. Curtin may ultimately refuse to process an application if doing so would divert a substantial and unreasonable portion of its resources to comply with the application.

Third party consultation

Where documents contain personal or commercial information relating to someone who is not you, the FOI Act requires Curtin to consult with each third party before deciding whether to release the documents.

Notice of decision

The notice of decision will include:

• the name of the decision maker and the date of decision
• whether access to the requested documents has been granted, and an explanation of the decision
• your right to seek a review of the decision.

Types of access

Curtin’s decision may be for:

• Full access the requested documents will be provided in full
• Edited access where parts of the documents are exempt under the FOI Act’s 15 listed exemptions, those sections will be redacted. The most common exemption at Curtin involves personal information relating to a person who is not you
• Access refused where the documents are fully exempt, do not exist or cannot be located.

Transfers

If Curtin does not have the requested documents but believes another agency holds them, your application will be transferred to that agency.

Amendment of personal information

How to apply

To have your application to amendment personal information processed under the FOI Act, it must satisfy the requirements set out below. An application won’t be considered valid until all applicable requirements have been met. Applications must:

• be in writing and can be sent either by email to FOICoordinator@curtin.edu.au or by post to Freedom of Information Coordinator, Curtin University, Legal Services, GPO Box U1987, Perth WA 6845
• give enough information to enable the documents containing the personal information to be identified
• give details on the information that is incorrect, and the reasons for holding that belief (supporting documentation can be included)
• give details of the amendment requested (altering, deleting, inserting or noting)
• give an address in Australia to which notices under the FOI Act can be sent and we also recommend providing an email address so we can contact you efficiently.

You may be asked to confirm your identity with a form of identification such as a passport or driver’s licence.

Fees and charges

There are no fees or charges for making an application to amend personal information.

Processing your application

Curtin has 30 days from the date an amendment application is deemed valid to issue a notice of decision. 

Notice of decision

The notice of decision will set out:

• the name of the decision-maker and the date of decision
• whether amendment has occurred, and an explanation of the decision
• your right to request a notation or seek a review of the decision.

Requesting a notation

If your amendment application is refused, you may request that a notation be placed on the relevant document. The notation may include the specific matters you believe are inaccurate, incomplete, out of date or misleading and where the information is incomplete or out of date, the additional information needed to update it.

Curtin may decline a notation request if it is considered defamatory or unnecessarily lengthy.

Transfers

If Curtin does not have the document that you have advised contains your information, but believes another agency holds it, your application will be transferred to that agency.

Review of decisions

Internal review

If you are dissatisfied with a decision made by Curtin under the FOI Act, you may request an internal review within 30 days of receiving the notice of decision. That request must:

• be in writing and can be sent either by email to FOICoordinator@curtin.edu.au or by post to Freedom of Information Coordinator, Curtin University, Legal Services, GPO Box U1987, Perth WA 6845
• provide details of the decision, and your reasons for requesting a review
• give an address in Australia to which notices under the FOI Act can be sent and we also recommend providing an email address so we can contact you efficiently.

There are no fees or charges to lodge an internal review request.

Curtin will review the decision within 15 days. The original decision may be confirmed, varied or overturned.

External review

If you remain dissatisfied with the outcome of an internal review, you may seek an external review through the OIC within 60 days of receiving the internal review decision. That request must:

• be in writing
• provide particulars of the decision to which the complaint relates
• give an address in Australia to which notices under the FOI Act can be sent
• be lodged at the Office of the Information Commissioner, Albert Facey House, 469 Wellington Street, Perth WA 6000. Phone: + 61 8 6551 7888. Email:info@oic.wa.gov.au.

To request an external review, you can download and complete the FOI external review form.