Freedom of Information (FOI) 

The Freedom of Information Act 1992 (WA) gives the public a legally enforceable right to apply for access to documents held by Shire of Mundaring.

An applicant's right to seek access cannot be affected by their reasons for wishing to obtain access and there is no requirement to demonstrate such reasons.

You can apply for any record of information held by the Shire.

The Shire is required to:

  • Assist you with making an application
  • Assist you in obtaining access to documents at a reasonable cost
  • Ensure that personal information captured in documents is accurate, complete, up-to-date and not misleading.

Making an FOI application

To make a FOI application, complete the following steps:

  • Step 1: Complete the FOI Application Form (see below), or apply in writing1
  • Step 2: Submit the completed application with $30 fee (if applicable)2

Notes:

1You can apply in writing rather than completing the form, however ensure you give enough information to enable the requested document to be identified, and provide an Australian address for correspondence.

2If the document request is for non-personal information, the application fee, set under the Freedom of Information Regulations 1993, is $30. This payment must be made when submitting your application.

Freedom of Information Application Form (PDF)

Freedom of Information Statement (PDF)

Processing time and notice of decision

As soon as possible, but within 45 days from receiving the application and fee, applicants will be given a written Notice of Decision.

The Notice of Decision includes the following information:

  • The date when the decision was made
  • The name and designation of the employee who made the decision
  • The reason why a document is considered exempt or why access is given to an edited document
  • Information on the right of review and the procedures to be followed to exercise those rights.

Reasons for refusal to provide access to information

While the Act provides a general right of access to documents, it also recognises that some documents require a level of protection. This is applied to documents that meet the exemption criteria in Schedule 1 of the Act. The most common reasons for refusal to provide access to information are:

Personal information

​Information that would reveal personal information about an individual (such as their name, contact details, signature etc) may be exempt under Clause 3.

​Commercial or business information

 Information that:

  • Could reveal trade secrets
  • Has a commercial value (such as documents containing technical designs that, if released, would harm the company)
  • Contains details about the professional, commercial or financial affairs of a person that may be exempt under Clause 4.

​Deliberative processes

​Material which forms part of the decision-making of the local government, when circumstances require confidentiality of those deliberations, may be exempt under Clause 6.

​Legal professional privilege

​Protects the confidentiality of communications made between a lawyer and their client. The privilege belongs to the client and may only be waived by the client. Clause 7.

 

More information and contacts

For more information about Freedom of Information, please contact us.

See also: Freedom of Information Act 1992 (WA)

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