Western Australian Current Acts

FREEDOM OF INFORMATION ACT 1992 - SECT 32

32 .         Personal information about third party, when access to may be given

        (1)         This section applies to a document that contains personal information about an individual (the third party ) other than the applicant.

        (2)         The agency is not to give access to a document to which this section applies unless the agency has taken such steps as are reasonably practicable to obtain the views of —

            (a)         the third party; or

            (b)         if the third party is dead, his or her closest relative,

                as to whether the document contains matter that is exempt matter under clause 3 of Schedule 1.

        (3)         If the third party, or the closest relative of a dead third party, is a child who has not turned 16 and who, in the agency’s opinion, does not have the capacity to appreciate the circumstances and make a mature judgment as to the nature and significance of the document, the views of the child’s guardian, or the person who has custody or care and control of the child, may be obtained for the purposes of subsection (2).

        (4)         If the third party, or the closest relative of a dead third party, is an intellectually handicapped person, the views of the person’s closest relative or guardian may be obtained for the purposes of subsection (2).

        (5)         Where the views of a person are obtained under subsection (2)(b) that person is to be regarded as being the third party for the purposes of Division 5 and Part 4.

        (6)         This section does not apply if access is given to a copy of the document from which the personal information referred to in subsection (1) has been deleted under section 24.