Freedom of Information
The Freedom of Information Act 1992 (WA) (“the FOI Act”) gives you the right to apply for access to documents held by the Shire of Denmark. You do not need to explain why you want the information, and your reason cannot affect your right to access it.
While the FOI Act provides a general right of access to documents, there are also limitations. Some documents cannot be released because doing so would affect someone’s privacy, cause harm the private or commercial affairs of an individual, or interfere with the proper functioning of government. These limitations are set out as exemptions in the FOI Act. For example, the Shire may not be able to release some documents if they contain:
- Personal information about someone else
- Trade secrets
- Commercially sensitive information
The FOI Act gives you a right to request access to documents, not to receive answers to questions.
On this page:
What the Shire is Required to do
The Shire must:
- Help you make an FOI application
- Help you access documents at a reasonable cost
- Ensure your personal information in Shire documents is accurate, complete, up-to-date, and not misleading
How to Make an Application
You must:
- Apply in writing to the Freedom of Information (FOI) Coordinator - you can use the Freedom of Information (FOI) Application Form to help with this.
- Describe the documents clearly so that the Shire is able to identify them, or, if your application is to amend your personal information, you must provide details to show how or why the Shire’s records are inaccurate, incomplete, out of date, or misleading. If your request for documents is too broad—e.g. asking for 'everything' on a particular subject—the FOI Coordinator may help you narrow the scope of your request to ensure that the work involved is reasonable. Otherwise, the Shire may be unable to assist with your application.
- Give an Australian postal address for correspondence. If possible, include your telephone number and email address so that the FOI Coordinator can contact you if necessary to assist you with your application.
- Pay any required fee.
FOI Applications can be lodged by email or mail:
Email: info@denmark.wa.gov.au
Mail: Freedom of Information Coordinator, Shire of Denmark, PO Box 183, DENMARK WA 6333
Application Timeframes
Once the Shire receives a valid application:
- You will receive a Notice of Decision within 45 calendar days.
- If the request is large or involves consultation with third parties, the Shire may ask you for more time.
- If you are not satisfied with the decision, you have 30 days to request an Internal Review. The Shire must respond to the request within 15 days.
If you are not satisfied with the outcome of the Internal Review, you have 60 days to lodge an application for External Review with the Information Commissioner. The Commissioner will undertake the External Review and respond within 30 days.
Fees and Charges
Listed below are fees and charges set under the FOI Regulations. Apart from the application fee for non-personal information, all charges are discretionary and are set by the Shire. The charges are as follows:
Regulatory Charges
| Fee Type |
Amount |
| Application fee for personal information (about the applicant) |
No fees |
| Application Fee for non-personal information |
$30.00
|
Shire Charges
Additional administrative fees and charges may apply. Please refer to the Shire’s Information Statement for a full list of applicable charges.
Advance Deposits
| Description |
Percentage |
| Advance deposit which may be required by an agency under section 18 (1) of the Act, expressed as a percentage of the estimated charges which will be payable in excess of the application fee |
25% |
| Further advance deposit which may be required by an agency under section 18 (4) of the Act, expressed as a percentage of the estimated charges which will be payable in excess of the application fee |
75% |
Concessions
For financially disadvantaged applicants or those issued with prescribed pensioner concession cards, the charge payable maybe reduced by 25%.
For further information regarding Freedom of Information visit www.foi.wa.gov.au
Requests for Information
The Shire is required to provide community members with access to owner and/or occupier information from the Shire’s Rate Book or Electoral Rolls, upon receipt of an approved Request for Information Form.
A request for information will not be approved if such information is to be used for a commercial purpose.
The Department of Local Government provides the following definition to determine whether an intended use constitutes a commercial purpose. A commercial purpose is defined as the use of a public record for:
• Sale or resale; or
• Producing a document containing all or part of the copy, printout or photograph for sale; or
• Obtaining all names and addresses from such records for the purpose of solicitation; or
• For any purpose in which the purchaser can reasonably anticipate the receipt of monetary gain from the direct or indirect use of such public records.
To make a request, please complete a Request for Information Form and email a completed copy to info@denmark.wa.gov.au.
Contact
Further information is available from our FOI Coordinator on (08) 9848 0300 or info@denmark.wa.gov.au