Freedom of information

Under the Freedom of Information Act 1992, you can request access to documents held by the City. Documents accessible under the FOI Act include (but are not limited to) maps, plans, diagrams, graphs, drawings, photographs, videos, audiotapes, CCTV footage and electronic records including emails.

The access rights under the FOI Act do not apply to documents that are already publicly available for inspection or purchase. The City will first try to provide information informally where possible.

Not always. You are encouraged to first contact an FOI Coordinator to see if the City holds the documents you are looking for or whether the documents are publicly available or can be made available to you without a formal access application.

FOI applications must:

• Be in writing.
• Include an Australian postal address to assist in your application being dealt with efficiently.
• Identify the documents in your application. You will need to provide enough information about the documents to assist us to process your request. (the scope)
• If you are seeking information that is not just about you (defined as ‘non-personal information’), the application fee is $30.00.
• Please note: If the work involved in dealing with your application would divert a substantial and unreasonable portion of the City’s resources away from its other operation, the City may refuse to deal with your application in certain circumstances under section 20.

FOI Coordinators can help you with your application if needed.

The FOI application must also be accompanied by payment of the $30.00 application fee if the information you are requesting is not just about you (defined as ‘non-personal information’)

Once the application is assessed, there may be additional charges applied:

• Charges for dealing with the application are set at a standard rate of $30.00 per hour, or pro-rata for part of an hour.
• Additional charges for photocopying are $30.00 per hour of staff time and 20 cents per copy
• Actual costs will be charged for postage.

There is no application fee or charges associated with requests to your personal information and or amendment of your records.

Office of the Information Commissioner: What is Personal Information under the FOI Act? 

The City will consider the application officially lodged when the application fee has been paid and with an agreed realistic scope. On receipt of a valid application, the City is required to deal with an access application as soon as is practicable, and in any event, within:

• 45 days after the access application is received: or
• such other period as is agreed between the agency and the access applicant; or
• such other period as is allowed by the Information Commissioner (section 13).

While the FOI Act provides a general right of access to documents it also recognises some documents require a level of protection. Schedule 1 of the FOI Act cites relevant Exemption Clauses.

The most frequent reasons for edited access or refusal to provide access to information are:

• Personal Information -
   Information that would reveal personal information about an individual (e.g. their name, contact details, signature etc.) whether living or dead may be exempt under Schedule 1 Clause 3 of the FOI Act and s5.95 (8) of the LG Act.
• Business and Commercial Information - 
   Information that would reveal trade secrets, information of a commercial value (e.g. documents containing technical designs that, if released, would harm the company), or the financial affairs of a person (e.g. debts owed to the City) may be exempt under Schedule 1 Clause 4 of the FOI Act.
• Deliberative Processes of Government - 
   Information that would reveal a decision made during a deliberative process closed to the public (e.g. confidential Council meeting) may be exempt under Schedule 1 Clause 6 of the FOI Act and s5.23 of the LG Act.
• Legal Professional Privilege - 
   Information that would reveal legal advice may be exempt under Schedule 1 Clause 7 of the FOI Act.

Office of the Information Commissioner: FOI Exemptions

If the City intends to give access to information about a person or business other than the access applicant under the FOI Act, they must seek the views of that ‘third party’.

Under sections 32 and 33 for the FOI Act, an agency is not to give access to a document that contains:

• Personal information about;
• Trade secrets of;
• Information that has a commercial value to; or
• Information concerning the business, professional, commercial or financial affairs of

a third party unless the agency has taken such steps as are reasonably practicable to obtain the views of the third party as to whether the document is exempt under clause 3 or clause 4.

Office of the Information Commissioner: Third Party Rights under the FOI Act

Applicants and third parties can seek a review of an agency decisions under the FOI Act.

If you disagree with a decision made by the City about your access or amendment application or an access application where you are a third party, you have the right to apply for review of that decision.

In most cases you can apply to the agency for an internal review. If you disagree with the internal review decision, or if an internal review is not available to you, you can apply to the Information Commissioner for external review of the decision

The City’s Information Statement explains FOI procedures and decision‑making processes.

Office of the Information Commissioner: Review of Agency Decisions

Should you have any questions about the FOI process or the Information Statement, please contact the Freedom of Information Coordinator on (08) 9550 3777 or by email at [email protected]