Western Australian Current Acts Western Australian Current Acts[Section 9]
In this Act, unless
the contrary intention appears —
agency means —
(a) a
Minister; or
(b) a
public body or office,
and the agency means the agency to which an access
application or application for amendment of personal information has been made
or to which such an application has been transferred or partly transferred;
applicant or access applicant means the person by
whom or on whose behalf an access application has been made;
applicant for amendment means the person by whom
or on whose behalf an application for amendment of personal information has
been made;
contractor means a contractor as defined in the
Court Security and Custodial Services Act 1999 , the Declared Places
(Mentally Impaired Accused) Act 2015 or the Prisons Act 1981 , as is relevant
to the case;
Corrective Services means the division concerned
with corrective services in the department of the Public Service principally
assisting the Minister administering the Prisons Act 1981 in the
administration of that Act;
court includes a tribunal;
document means —
(a) any
record; or
(b) any
part of a record; or
(c) any
copy, reproduction or duplicate of a record; or
(d) any
part of a copy, reproduction or duplicate of a record;
edited copy , in relation to a document, means a
copy from which exempt matter has been deleted under section 24;
exempt agency means a person or body mentioned in
Schedule 2 and includes staff under the control of the person or body;
exempt document means a document that contains
exempt matter;
exempt matter means matter that is exempt matter
under Schedule 1;
exemption certificate means a certificate under
section 36;
officer of an agency includes —
(a) a
member of the agency; and
(b) the
principal officer of the agency; and
(c) any
person employed in, by, or for the purposes of, the agency; and
(d) if
the agency is a contractor or subcontractor, a director of the contractor or
subcontractor (in addition to the persons referred to in paragraphs (a), (b)
and (c));
personal information means information or an
opinion, whether true or not, and whether recorded in a material form or not,
about an individual, whether living or dead —
(a)
whose identity is apparent or can reasonably be ascertained from the
information or opinion; or
(b) who
can be identified by reference to an identification number or other
identifying particular such as a fingerprint, retina print or body sample;
principal officer of an agency means —
(a) in
relation to a department of the Public Service or an organization specified in
column 2 of Schedule 2 to the Public Sector Management Act 1994 — the
chief executive officer of that department or organization;
(b) in
relation to the Police Force of Western Australia — the Commissioner of
Police;
(c) in
relation to a local government — the chief executive officer of the
local government;
(d) in
relation to a regional local government — the chief executive officer of
the regional local government;
(ea) in
relation to a regional subsidiary — the person who manages the affairs
of the regional subsidiary;
(e) in
relation to an agency that consists of one person (not being an incorporated
body) — that person;
(f) in
relation to an agency for which the regulations declare an officer to be the
principal officer of the agency — that officer;
(fa) in
relation to a contractor or to any subcontractor under the relevant contract
— the holder of the office specified in the relevant contract to be the
principal officer for the purposes of this Act;
(g) in
relation to any other agency —
(i)
if it is an incorporated body that has no members —
the person who manages the affairs of the body; or
(ii)
if it is a body (whether incorporated or not) that is
constituted by 2 or more persons — the person who is entitled to preside
at any meeting of the body at which he or she is present;
public body or office means —
(a) a
department of the Public Service; or
(b) an
organization specified in column 2 of Schedule 2 to the
Public Sector Management Act 1994 ; or
(c) the
Police Force of Western Australia; or
(d) a
local government, regional local government or regional subsidiary; or
(e) a
body or office that is established for a public purpose under a written law;
or
(f) a
body or office that is established by the Governor or a Minister; or
(g) any
other body or office that is declared by the regulations to be a public body
or office being —
(i)
a body or office established under a written law; or
(ii)
a corporation or association over which control can be
exercised by the State, a Minister, a body referred to in paragraph (a), (b),
(e), (f) or (g)(i), or the holder of an office referred to in paragraph (f) or
(g)(i);
or
(h) a
contractor or subcontractor;
record means any record of information however
recorded and includes the following —
(a) any
paper or other material, including affixed papers on which there is writing;
(b) any
map, plan, diagram or graph;
(c) any
drawing, pictorial or graphic work, or photograph;
(d) any
paper or other material on which there are marks, figures, symbols or
perforations having a meaning for persons qualified to interpret them;
(e) any
article or material from which sounds, images or writing can be reproduced
whether or not with the aid of some other article or device;
(f) any
article on which information has been stored or recorded, either mechanically,
magnetically or electronically;
relative , in relation to a person, includes a de
facto partner of a person;
requested documents means the document or
documents requested in an access application;
State archive has the same definition as in the
State Records Act 2000 ;
subcontractor means a subcontractor as defined in
the Court Security and Custodial Services Act 1999 , the Declared Places
(Mentally Impaired Accused) Act 2015 or the Prisons Act 1981 , as is relevant
to the case;
third party means a third party referred to in
section 32 or 33.
[Clause 1 amended: No. 31 of 1993 s. 45(a); No. 32
of 1994 s. 19; No. 14 of 1996 s. 4; No. 43 of 1999 s. 20; No. 47 of 1999
s. 15; No. 53 of 2000 s. 10(1); No. 28 of 2003 s. 67; No. 4 of 2015 s. 86(3);
No. 26 of 2016 s. 58.]
2 . Separate agencies, which are
(1) A person is not to
be regarded as a separate agency by reason of —
(a)
holding office as a member or other officer of an agency; or
(b)
holding an office established for the purposes of an agency.
(2) The Bureau of
Criminal Intelligence, Protective Services Unit, Witness Security Unit and
Internal Affairs Unit of the Police Force of Western Australia are to be
regarded as separate agencies and are not to be regarded as part of the Police
Force of Western Australia.
(3) The Internal
Investigations Unit of Corrective Services is to be regarded as a separate
agency and is not to be regarded as part of the department in which it is
established.
(3A) In connection
with its functions under the High Risk Serious Offenders Act 2020 , the State
Solicitor is to be regarded as a separate agency and is not to be regarded as
a part of the department in which the State Solicitor is employed.
(4) The regulations
may declare that a specified office or body is not to be regarded as a
separate agency but is to be regarded as part of a specified agency.
[Clause 2 amended: No. 31 of 1993 s. 45(b); No. 11
of 1996 s. 41; No. 29 of 2020 s. 102(1).]
3 . Courts are agencies but judges etc. are not
For the purposes of
this Act —
(a) a
court is an agency;
(b) a
registry or other office of a court and the staff of such a registry or other
office are part of the court;
(c) a
person holding a judicial office or other office pertaining to a court, being
an office established by the written law establishing the court, is not an
agency and is not included in an agency.
4 . Documents of an agency, which are
(1) Subject to
subclause (2), a reference to a document of an agency is a reference to a
document in the possession or under the control of the agency including a
document to which the agency is entitled to access and a document that is in
the possession or under the control of an officer of the agency in his or her
capacity as such an officer.
(2) Where the agency
is a Minister a reference to a document of an agency is a reference to a
document that —
(a) is
in the possession or under the control of the Minister in the Minister’s
official capacity; and
(b)
relates to the affairs of another agency (not being another Minister),
and includes a
document to which the Minister is entitled to access and a document in the
possession or under the control of a member of the staff of the Minister as
such a member, but does not include a document of an agency for which the
Minister is responsible.
(3) A document in the
possession or under the control of an agency on behalf of or as an agent for
—
(a) the
Commonwealth, another State or a Territory; or
(b) an
agency or instrumentality of the Commonwealth, another State or a Territory,
is not a document of
the agency.
5 . Documents of a court, which are
A document relating to
a court is not to be regarded as a document of the court unless it relates to
matters of an administrative nature.
6 . Documents of units of Police Force and of
Department of Corrective Services
(1) A document of the
Bureau of Criminal Intelligence, Protective Services Unit, Witness Security
Unit or Internal Affairs Unit of the Police Force of Western Australia is not
to be regarded as a document of the Police Force of Western Australia.
(2) A document of the
Internal Investigations Unit of Corrective Services is not to be regarded as a
document of the department in which it is established.
(3) A document
originating with or received by the State Solicitor in connection with
functions under the High Risk Serious Offenders Act 2020 is not to be regarded
as a document of the department in which the State Solicitor is employed.
[Clause 6 amended: No. 31 of 1993 s. 45(b); No. 11
of 1996 s. 41; No. 29 of 2020 s. 102(2).]
[ 7. Deleted: No. 53 of 2000 s. 10(2).]
7A . Documents of Authority etc. under gas
pipelines access legislation
(1) In this clause
—
access regulation functions means the functions
given by or under the National Gas Access (WA) Act 2009 ;
arbitrator has the meaning given in section 61 of
the Energy Arbitration and Review Act 1998 ;
Authority means the Economic Regulation Authority
established by the Economic Regulation Authority Act 2003 ;
Board has the meaning given in section 49 of the
Energy Arbitration and Review Act 1998 .
(2) A document —
(a) that
is in the possession or under the control of the Authority (because of its
access regulation functions), the Board or an arbitrator; or
(b) to
which the Authority (because of its access regulation functions), the Board or
an arbitrator is entitled to access,
is not to be regarded
as a document of the Authority, the Board or an arbitrator unless it relates
to a matter of an administrative nature concerning the Authority, the Board or
an arbitrator.
[Clause 7A inserted: No. 65 of 1998 Sch. 3 cl. 14;
amended: No. 67 of 2003 Sch. 2 cl. 30; No. 16 of 2009 s. 70.]
8 . Charges for dealing with applications
A reference to charges
imposed or payable for dealing with an access application includes a reference
to charges for giving access to the requested documents or to edited copies of
the requested documents.
This is a compilation of the Freedom of Information Act 1992 and includes
amendments made by other written laws. For provisions that have come into
operation, and for information about any reprints, see the compilation table.
For provisions that have not yet come into operation see the uncommenced
provisions table.
|
Short title |
Number and year |
Assent |
Commencement | |||
|---|---|---|---|---|---|---|
|
76 of 1992 |
15 Dec 1992 |
s. 1 and 2: 15 Dec 1992; | ||||
|
Acts Amendment (Ministry of Justice) Act 1993 Pt. 10 5 |
31 of 1993 |
15 Dec 1993 |
1 Jul 1993 (see s. 2) | |||
|
R & I Bank Amendment Act 1994 s. 13 |
6 of 1994 |
11 Apr 1994 |
26 Apr 1994 (see s. 2(2) and Gazette 26 Apr 1994 p. 1743) | |||
|
Acts Amendment (Public Sector Management) Act 1994 s. 19 |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948) | |||
|
Perth International Centre for Application of Solar Energy Act 1994 s. 35 |
36 of 1994 |
8 Jul 1994 |
22 Jul 1994 (see s. 2 and Gazette 22 Jul 1994 p. 3727) | |||
|
Statutes (Repeals and Minor Amendments) Act 1994 s. 4 |
73 of 1994 |
9 Dec 1994 |
9 Dec 1994 (see s. 2) | |||
|
Freedom of Information Amendment Act 1994 |
94 of 1994 |
5 Jan 1995 |
1 Nov 1994 (see s. 2) | |||
|
Young Offenders Act 1994 s. 236 |
104 of 1994 |
11 Jan 1995 |
13 Mar 1995 (see s. 2 and Gazette 10 Mar 1995 p. 895) | |||
|
14 of 1995 |
4 Jul 1995 |
1 Dec 1995 (see s. 2(3) and 9(1) and Gazette 29 Nov 1995 p. 5529) | ||||
|
Freedom of Information Amendment Act 1995 |
50 of 1995 |
6 Nov 1995 |
1 Nov 1995 (see s. 2) | |||
|
Health Services (Conciliation and Review) Act 1995 s. 80(4) |
75 of 1995 |
9 Jan 1996 |
16 Aug 1996 (see s. 2 and Gazette 16 Aug 1996 p. 4007) | |||
|
Reprint of the Freedom of Information Act 1992 as at 16 Jan 1996 (includes
amendments listed above except those in the Health Services (Conciliation and
Review) Act 1995 ) | ||||||
|
11 of 1996 |
28 Jun 1996 |
7 Dec 1996 (see s. 2 and Gazette 6 Dec 1996 p. 6699) | ||||
|
Local Government (Consequential Amendments) Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) | |||
|
Official Corruption Commission Amendment Act 1996 s. 26 |
29 of 1996 |
28 Aug 1996 |
30 Aug 1996 (see s. 2 and Gazette 30 Aug 1996 p. 4365) | |||
|
Financial Legislation Amendment Act 1996 s. 54 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996 (see s. 2(1)) | |||
|
Reprint of the Freedom of Information Act 1992 as at 8 Jul 1997 (includes
amendments listed above) | ||||||
|
Statutes (Repeals and Minor Amendments) Act 1997 s. 62 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997 (see s. 2(1)) | |||
|
13 of 1998 |
20 May 1998 |
1 Jul 1998 (see s. 2 and Gazette 26 Jun 1998 p. 3369) | ||||
|
Gas Pipelines Access (Western Australia) Act 1998 Sch. 3 Div. 6 |
65 of 1998 |
15 Jan 1999 |
9 Feb 1999 (see s. 2 and Gazette 8 Feb 1999 p. 441) | |||
|
Prisons Amendment Act 1999 Sch. 1 cl. 4 |
43 of 1999 |
8 Dec 1999 |
Sch. 1 cl. 4(1) and (3): 18 Dec 1999 (see s. 2(2) and Gazette 17 Dec 1999 p.
6175); | |||
|
Court Security and Custodial Services (Consequential Provisions) Act 1999 Pt.
6 |
47 of 1999 |
8 Dec 1999 |
18 Dec 1999 (see s. 2 and Gazette 17 Dec 1999 p. 6175-6) | |||
|
Reprint of the Freedom of Information Act 1992 as at 3 Mar 2000 (includes
amendments listed above) | ||||||
|
State Records (Consequential Provisions) Act 2000 Pt. 4 |
53 of 2000 |
28 Nov 2000 |
1 Dec 2001 (see s. 2 and Gazette 30 Nov 2001 p. 6067) | |||
|
Criminal Investigation (Exceptional Powers) and Fortification Removal Act
2002 s. 72 |
21 of 2002 |
15 Jul 2002 |
15 Jul 2002 (see s. 2) | |||
|
Acts Amendment (Equality of Status) Act 2003 Pt. 23 |
28 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579) | |||
|
29 of 2003 |
22 May 2003 |
1 Jul 2003 (see s. 2 and Gazette 27 Jun 2003 p. 2383) | ||||
|
Corruption and Crime Commission Act 2003 s. 62 6 |
48 of 2003 |
3 Jul 2003 |
1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5723) | |||
|
Sentencing Legislation Amendment and Repeal Act 2003 s. 64 |
50 of 2003 |
9 Jul 2003 |
15 May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445) | |||
|
Economic Regulation Authority Act 2003 Sch. 2 Div. 7 |
67 of 2003 |
5 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5723) | |||
|
75 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) | ||||
|
Corruption and Crime Commission Amendment and Repeal Act 2003 s. 74(2) |
78 of 2003 |
22 Dec 2003 |
7 Jul 2004 (see s. 2 and Gazette 6 Jul 2004 p. 2697) | |||
|
Reprint 4: The Freedom of Information Act 1992 as at 10 Sep 2004 (includes
amendments listed above) | ||||||
|
Freedom of Information Amendment Act 2004 |
56 of 2004 |
19 Nov 2004 |
19 Nov 2004 (see s. 2) | |||
|
Parole and Sentencing Legislation Amendment Act 2006 s. 90 |
41 of 2006 |
22 Sep 2006 |
28 Jan 2007 (see s. 2(1) and Gazette 29 Dec 2006 p. 5867) | |||
|
Perth International Centre for Application of Solar Energy Repeal Act 2006
s. 6 |
43 of 2006 |
3 Oct 2006 |
31 Oct 2006 | |||
|
Children and Community Services Amendment (Reporting Sexual Abuse of Children)
Act 2008 s. 13 |
26 of 2008 |
19 Jun 2008 |
1 Jan 2009 (see s. 2(b) and Gazette 9 Dec 2008 p. 5107) | |||
|
Reprint 5: The Freedom of Information Act 1992 as at 27 Feb 2009 (includes
amendments listed above) | ||||||
|
16 of 2009 |
1 Sep 2009 |
1 Jan 2010 (see s. 2(b) and Gazette 31 Dec 2009 p. 5327) | ||||
|
Standardisation of Formatting Act 2010 s. 4 and 59 |
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341) | |||
|
Health and Disability Services Legislation Amendment Act 2010 s. 57 |
33 of 2010 |
30 Aug 2010 |
30 Nov 2010 (see s. 2(b) and Gazette 17 Sep 2010 p. 4757) | |||
|
Bank of Western Australia Amendment Act 2012 Pt. 3 |
14 of 2012 |
3 Jul 2012 |
11 Aug 2012 (see s. 2(b) and Gazette 10 Aug 2012 p. 3803) | |||
|
Community Protection (Offender Reporting) Amendment Act (No. 2) 2012 Pt. 3 |
54 of 2012 |
3 Dec 2012 |
23 Feb 2013 (see s. 2(b) and Gazette 22 Feb 2013 p. 1045) | |||
|
Reprint 6: The Freedom of Information Act 1992 as at 1 Feb 2013 (includes
amendments listed above except those in the Community Protection (Offender
Reporting) Amendment Act (No. 2) 2012 Pt. 3) | ||||||
|
Electoral Amendment Act 2014 Pt. 3 |
14 of 2014 |
2 Jul 2014 |
3 Jul 2014 (see s. 2(b)) | |||
|
Corruption and Crime Commission Amendment (Misconduct) Act 2014 s. 33 |
35 of 2014 |
9 Dec 2014 |
1 Jul 2015 (see s. 2(b) and Gazette 26 Jun 2015 p. 2235) | |||
|
4 of 2015 |
3 Mar 2015 |
17 Jun 2015 (see s. 2(b) and Gazette 16 Jun 2015 p. 2071) | ||||
|
Reprint 7: The Freedom of Information Act 1992 as at 11 Nov 2016 (includes
amendments listed above) | ||||||
|
Local Government Legislation Amendment Act 2016 Pt. 3 Div. 16 |
26 of 2016 |
21 Sep 2016 |
21 Jan 2017 (see s. 2(b) and Gazette 20 Jan 2017 p. 648) | |||
|
High Risk Serious Offenders Act 2020 Pt. 9 Div. 3 |
29 of 2020 |
9 Jul 2020 |
26 Aug 2020 (see s. 2(1)(c) and SL 2020/131 cl. 2) | |||
|
Sentencing Legislation Amendment (Persons Linked to Terrorism) Act 2022 Pt. 5 |
14 of 2022 |
18 May 2022 |
11 Nov 2022 (see s. 2(b) and SL 2022/182 cl. 2) | |||
|
Health and Disability Services (Complaints) Amendment Act 2022 s. 44 |
35 of 2022 |
28 Oct 2022 |
27 Jul 2023 (see s. 2(b) and SL 2023/112 cl. 2) | |||
|
38 of 2022 |
1 Nov 2022 |
21 Nov 2022 (see s. 2(b) and SL 2022/194 cl. 2) | ||||
|
Abortion Legislation Reform Act 2023 Pt. 4 Div. 4 |
20 of 2023 |
27 Sep 2023 |
27 Mar 2024 (see s. 2(b) and SL 2024/21 cl. 2) | |||
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Acts Amendment (ICWA) Act 1996 Sch. 1 it. 4 |
45 of 1996 |
25 Oct 1996 |
To be proclaimed (see s. 2) |
|
State Superannuation (Transitional and Consequential Provisions) Act 2000
s. 75 |
43 of 2000 |
2 Nov 2000 |
To be proclaimed (see s. 2(2)) |
|
10 of 2023 |
13 Apr 2023 |
To be proclaimed (see s. 2(b)) |
1 Under the
Financial Management (Transitional Provisions) Act 2006 Sch. 2 cl. 13 a
reference to the Consolidated Fund may, where the context so requires, be read
as if it had been amended to be a reference to the Consolidated Account. This
reference was changed under the Reprints Act 1984 s. 7(5)(a).
2 The Superannuation and Family Benefits Act 1938
was repealed by the State Superannuation Act 2000 s. 39 but its provisions
continue to apply to and in relation to certain schemes because of the
State Superannuation (Transitional and Consequential Provisions) Act 2000
s. 26.
3 The State Government Insurance Corporation
ceased to exist on 1 July 2012.
4 Repealed by the Corruption and Crime Commission
Amendment and Repeal Act 2003 .
5 The Acts Amendment (Ministry of Justice) Act
1993 s. 68 is a savings provision that is of no further effect.
6 The Corruption and Crime Commission Act 2003
Sch. 3 was renumbered as Sch. 4 by the Corruption and Crime Commission
Amendment and Repeal Act 2003 s. 35(12) and the reference to it in s. 62 was
amended by the Corruption and Crime Commission Amendment and Repeal Act 2003
s. 35(13).
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
access applicant
Gl.
access regulation functions
Gl.
agency 99(3), Gl.
applicant
Gl.
applicant for amendment
Gl.
arbitrator Gl.
Authority
Gl.
Board Gl.
Commonwealth intelligence or
security agency Sch. 1 cl. 5(5)
confidential
information 82(1)
contractor
Gl.
contravention Sch. 1 cl. 5(5)
Corrective Services Gl.
court
Gl.
document Gl.
edited copy
Gl.
Executive body Sch. 1 cl. 1(6)
exempt agency Gl.
exempt document
Gl.
exempt matter Gl.
exemption
certificate Gl.
Gold Corporation
Sch. 1 cl. 15(2)
information statement
94
internal manual 95
law
Sch. 1 cl. 5(5)
misbehaviour 58(2)
officer Gl.
other government
Sch. 1 cl. 2(3)
permitted period 13(3)
person 45(1)
personal information
Gl.
principal officer Gl.
public
body or office Gl.
record
Gl.
relative Gl.
relevant office
62(1)
requested documents Gl.
review proceedings 88
State archive
Gl.
subcontractor Gl.
third party
32(1), 33(1), Gl.
© State of Western Australia 2024
.
This work is licensed under a Creative Commons Attribution 4.0 International
Licence (CC BY 4.0). To view relevant information and for a link to a copy of
the licence, visit www.legislation.wa.gov.au .
Attribute work as: © State
of Western Australia 2024
.
By Authority: GEOFF O. LAWN, Government Printer