Western Australian Consolidated Acts

FREEDOM OF INFORMATION ACT 1992

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Objects and intent  
   4.      Principles of administration  
   5.      Act binds Crown  
   6.      Access procedures do not apply to documents that are already available  
   7.      Application of access procedures to private collections  
   8.      Effect on other enactments  
   9.      Meaning of terms used in this Act  

   PART 2 -- Access to documents  

           Division 1 -- Right of access and applications for access  

   10.     Right of access to documents  
   11.     Access applications  
   12.     How the application is made  

           Division 2 -- Procedure for dealing with access applications  

   13.     Decisions as to access and charges  
   14.     Ambit of application may be reduced by agreement  
   15.     Transfer or notification of applications  
   16.     Charges for access to documents  
   17.     Estimate of charges  
   18.     Advance deposits  
   19.     Failure of applicant to notify intention or pay deposit  
   20.     Agency may refuse to deal with an application in certain cases  
   21.     Nature of information must be considered  
   22.     Giving access  
   23.     Refusal of access  
   24.     Deletion of exempt matter  
   25.     Deferred access  
   26.     Documents that cannot be found or do not exist  
   27.     Ways in which access can be given  
   28.     Medical and psychiatric information  
   29.     Personal information generally  
   30.     Form of notice of decisions  
   31.     Information as to existence of certain documents  

           Division 3 -- Consultation with third parties  

   32.     Documents containing personal information  
   33.     Documents containing commercial or business information  
   34.     Procedure following consultation  
   35.     Requirement to consult may be waived  

           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.     Right to review  
   40.     Application for review  
   41.     Who is to deal with application for review  
   42.     Provisions of this Part to apply  
   43.     Determination can be confirmed, varied or reversed  
   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.     How the application is made  
   47.     Transfer of applications  
   48.     Agency may amend information  
   49.     Notice of decision  
   50.     Request for notation or attachment disputing accuracy of information  
   51.     Other users of information to be advised of requested amendment  
   52.     Agency may give reasons for not amending information  
   53.     No charge for application or request  

           Division 2 -- Internal review of decisions as to amendment of information  

   54.     Right to review  

   PART 4 -- External review of decisions; appeals  

           Division 1 -- Information Commissioner  

   55.     Information Commissioner  
   56.     Appointment and terms and conditions  
   57.     Resignation  
   58.     Suspension and removal of Commissioner  
   59.     Acting Information Commissioner  
   60.     Oath or affirmation of office  
   61.     Staff of Commissioner  
   62.     Supplementary provisions as to Commissioner and staff  

           Division 2 -- Functions of Information Commissioner  

   63.     Functions of Commissioner  
   64.     General powers  

           Division 3 -- Complaints and procedure for dealing with them  

   65.     Complaints  
   66.     How and when complaints can be made  
   67.     Commissioner may decide not to deal with a complaint  
   68.     Notification of complaints  
   69.     Parties to a complaint  
   70.     Procedure  
   71.     Conciliation  
   72.     Power to obtain information and documents and compel attendance  
   73.     Power to examine  
   74.     Commissioner to ensure non-disclosure of certain matter  
   75.     Production of documents for inspection  
   76.     Decisions of the Commissioner  
   77.     Review where an exemption certificate has been issued  
   78.     Reference of questions of law to Supreme Court  

           Division 4 -- General provisions as to the Information Commissioner and staff  

   79.     Delegation  
   80.     Commissioner and staff not to be sued  
   81.     Restrictions under other laws not applicable  
   82.     Secrecy  
   83.     Failure to produce documents or attend proceedings  
   84.     Costs of parties to complaints  

           Division 5 -- Appeals to the Supreme Court  

   85.     Appeals to Supreme Court  
   86.     Parties to an appeal  
   87.     Decision on appeal  

           Division 6 -- General provisions as to proceedings in the Supreme Court  

   88.     Term used: review proceedings  
   89.     Power to impose terms on orders  
   90.     Court to ensure non-disclosure of certain matter  
   91.     Production of documents  
   92.     Restrictions under other laws not applicable  
   93.     Other procedure  

   PART 5 -- Publication of information about agencies  

   94.     Information statements  
   95.     Internal manuals  
   96.     Publication of information statements  
   97.     Information statements and internal manuals to be made available  

   PART 6 -- Miscellaneous  

   98.     Applications on behalf of children and handicapped persons  
   99.     Defunct agencies  
   100.    Who makes decisions for agencies  
   101.    Time of service of notices  
   102.    Burden of proof  
   103.    No review of decisions etc. except under this Act  
   104.    Protection from defamation or breach of confidence actions  
   105.    Protection from criminal actions  
   106.    Personal liability  
   107.    Failure to consult  
   108.    Exempt matter does not have to be published  
   109.    Offence of unlawful access  
   110.    Destruction of documents  
   111.    Report to Parliament  
   112.    Regulations  
   113.    Review of Act  
           SCHEDULE 1  
           SCHEDULE 2  
           Compilation table