FREEDOM OF INFORMATION ACT 1992

Western Australian Current Acts

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FREEDOM OF INFORMATION ACT 1992

TABLE OF PROVISIONS

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
GLOSSARY

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