Western Australian Current Acts

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           Long Title

   PART 1 -- Preliminary  

   1.      Short title
   2.      Commencement
   3.      Objects of Act
   4.      Agencies, duties of when applying Act
   5.      Crown bound
   6.      Access rights etc. in Parts 2 and 4 do not apply to documents that are already available
   7.      Access rights in Parts 2 and 4, application of to private collections
   8.      Access rights etc. in Parts 2 and 4, effect of on other Acts etc.
   9.      Terms used (Glossary)

   PART 2 -- Access to documents

           Division 1 -- Right of access and applications for access  

   10.     Right of access to documents
   11.     Application for access
   12.     Access application, form etc. of

           Division 2 -- Procedure for dealing with access applications  

   13.     Agency’s duties as to access application etc.
   14.     Ambit of application may be reduced by agreement
   15.     Document held etc. by another agency, transferring application etc. in case of
   16.     Charge for access, calculation of etc.
   17.     Charge for access, applicant may request estimate of etc.
   18.     Deposit for charges, agency may require etc.
   19.     Notice given under s. 17(3) or 18, effect of on s. 13(1); applicant failing to respond to notice, effect of
   20.     Agency may refuse to deal with application in certain cases
   21.     Application for personal information about applicant, consideration of
   22.     Access, when agency must give
   23.     Refusing access, grounds for
   24.     Exempt matter, deleting before access given
   25.     Deferring access, grounds for
   26.     Documents that cannot be found or do not exist, notice of
   27.     Ways in which access can be given
   28.     Medical and psychiatric information about applicant, giving access to
   29.     Personal information about applicant, agency’s duties when giving access to
   30.     Notice under s. 13(1)(b) of decision, form etc. of
   31.     Certain exempt matter (Sch. 1 cl. 1, 2 or 5), giving information about existence etc. of

           Division 3 -- Consultation with third parties  

   32.     Personal information about third party, when access to may be given
   33.     Commercial etc. information of third party, when access to may be given
   34.     Consultation under s. 32 or 33, procedure after
   35.     Consultation under s. 32 or 33, Commissioner may waive

           Division 4 -- Exemption certificates  

   36.     Premier may issue certificate
   37.     Effect of certificate
   38.     Duration of certificate

           Division 5 -- Internal review of decisions as to access  

   39.     Review of decision under this Part, right to
   40.     Application for review
   41.     Who is to deal with application for review
   42.     How application for review to be dealt with
   43.     Decision can be confirmed, varied or reversed on review
   44.     No charge for review

   PART 3 -- Amendment of personal information

           Division 1 -- Applications for amendment  

   45.     Right to apply for information to be amended
   46.     Application for amendment, form etc. of
   47.     Document held etc. by another agency, transferring application in case of
   48.     Amending information, ways of
   49.     Decision on application, notice of
   50.     If application for amendment refused, applicant may request notation etc. disputing accuracy of information etc.
   51.     Claim that information is inaccurate etc., agency to give notice of in some cases
   52.     Reasons for not amending information, agency may add to notation
   53.     No charge for application or request

           Division 2 -- Internal review of decisions as to amendment of information  

   54.     Review of decision under Div. 1, right to etc.

   PART 4 -- External review of decisions; appeals

           Division 1 -- Information Commissioner  

   55.     Office established etc.
   56.     Appointment, terms and conditions
   57.     Resignation
   58.     Suspension and removal
   59.     Acting Information Commissioner, appointing etc.
   60.     Oath or affirmation of office
   61.     Staff, appointment of etc.
   62.     Commissioner and staff, additional provisions about

           Division 2 -- Functions of Information Commissioner  

   63.     Functions
   64.     Powers

           Division 3 -- Complaints and procedure for dealing with them  

   65.     Complaint against agency’s decision, making
   66.     Complaint, form etc. of
   67.     Commissioner may decide not to deal with a complaint
   68.     Complaint, agency etc. to be notified of
   69.     Complaint, who are parties to etc.
   70.     Complaint, procedure for dealing with
   71.     Complaint, conciliation etc. of
   72.     Information etc. relevant to complaint, Commissioner’s powers to obtain etc.
   73.     Examination on oath, powers as to
   74.     Exempt matter etc., Commissioner to ensure non-disclosure of
   75.     Document held by agency, Commissioner may require production of
   76.     Commissioner’s other powers and duties when dealing with complaint
   77.     Exemption certificate, review of grounds for etc.
   78.     Question of law on complaint, referral of to Supreme Court

           Division 4 -- General provisions as to the Information Commissioner and staff  

   79.     Delegation by Commissioner to staff
   80.     Protection from personal liability
   81.     Disclosure restriction under other law does not apply to disclosing to Commissioner; privileges of parties
   82.     Disclosure etc. of information obtained under Act restricted
   83.     Failure to give information etc. when required, offence
   84.     Costs of parties to complaints

           Division 5 -- Appeals to the Supreme Court  

   85.     What may be appealed etc.
   86.     Parties to an appeal
   87.     Court’s powers on appeal

           Division 6 -- General provisions as to proceedings in the Supreme Court  

   88.     Term used: review proceedings
   89.     Terms etc., Court may impose; costs
   90.     Exempt matter etc., Court to ensure non-disclosure of
   91.     Document held by agency, Court may require production of etc.
   92.     Disclosure restriction under other law does not apply to disclosing to Court
   93.     Other procedure, Court may determine

   PART 5 -- Publication of information about agencies  

   94.     Term used: information statement
   95.     Term used: internal manual
   96.     Information statement, each agency to publish annually
   97.     Information statement and internal manual, each agency to make available etc.

   PART 6 -- Miscellaneous  

   98.     Child or handicapped person, applications on behalf of
   99.     Defunct agency, performance of functions on behalf of
   100.    Who in agency makes its decisions
   101.    Notice sent by post or fax, presumed time of service of
   102.    Burden of proof
   103.    No review of decisions etc. except under this Act
   104.    Defamation or breach of confidence action, certain people protected from
   105.    Criminal liability, certain people protected from
   106.    Personal liability, certain people protected from
   107.    Failure to consult under Part 2 Div. 3, Crown etc. not liable in case of
   108.    Exempt matter does not have to be published
   109.    Personal information of another etc., obtaining access to by deceit etc. is offence
   110.    Destroying document to prevent access, offence
   111.    Annual report to Parliament
   112.    Regulations
   113.     Review of Act
           SCHEDULE 1 -- Exempt matter  
           SCHEDULE 2 -- Exempt agencies

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