❓ A WA parliamentary question on notice regarding Freedom of Information requests within the Transport portfolio reveals processing times, rejection rates, and reasons for delays across various agencies. Main Roads highlights challenges with vexatious applications.
AnsweredQoN 612Legislative Council
QuestionView source ↗
For each Department and Agency within the Minister’s portfolio, including the Ministerial office, will the Minister provide the following information for the period, 23 September 2008 to date, -
(1) How many Freedom of Information (FOI) applications have been received?
(2) What is the average time taken to process a FOI application?
(3) What is the reason given for each FOI application exceeding the average time for processing?
(4) How many FOI applications have been rejected by the Departments or Agencies within your portfolio?
(5) How many of these rejections have been successfully appealed?
(6) How many of these rejections are pending a decision of the FOI Commissioner?
(7) What were the reasons given by the Departments and Agencies for rejecting each of the FOI applications?
(8) What were the reasons given by the FOI Commissioner for upholding each of the appeals?
(1) How many Freedom of Information (FOI) applications have been received?
(2) What is the average time taken to process a FOI application?
(3) What is the reason given for each FOI application exceeding the average time for processing?
(4) How many FOI applications have been rejected by the Departments or Agencies within your portfolio?
(5) How many of these rejections have been successfully appealed?
(6) How many of these rejections are pending a decision of the FOI Commissioner?
(7) What were the reasons given by the Departments and Agencies for rejecting each of the FOI applications?
(8) What were the reasons given by the FOI Commissioner for upholding each of the appeals?
AnswerView source ↗
Answered
13 May 2009
Responded by
Minister for Transport
Response time
43 days
Public Transport Authority
(1) 14.
(2) The average time taken to process 14 applications in part (1) was 41 days.
(3) FOI applications vary considerably in scope and subject matter as does the time required to identify, retrieve and review relevant documents relevant to individual applications. This inevitably results in different process times for each application some of which inevitably exceed the average processing time.
(4) None.
(5) Not Applicable.
(6) Not Applicable.
(7) Not Applicable.
(8) Not Applicable.
Main Roads Western Australia
(1) 28
(2) 31 calendar days
(3) FOI applications vary considerably in scope and subject matter as does the time required to identify, retrieve and review relevant documents relevant to individual applications. This inevitably results in different process times for each application some of which inevitably exceed the average processing time.
(4) The term 'rejected' has been taken to mean either:
(a) Claiming exemptions in respect of all of each document within the scope of the application (ie therefore not releasing any documents); or
(b) Issuing a notice under section 20 of the Freedom of Information Act 1992 refusing to deal with the application or release any documents.
Main Roads has not had any FOI applications falling into category a.
With respect to category b, Main Roads has issued two Notices under section 20 of the
Freedom of Information Act
. The first of these was in respect of a single application. The second of these Notices was issued in response to fourteen applications from the same applicant that were treated as one for the purposes of section 20 of the
Freedom of Information Act
. These fourteen applications overlapped the same subject matter with the clear intent of circumventing the operation of section 20 and an agency's power to treat them as one for the purposes of section 20 has recently been recognised by the Information Commissioner.
(5) Main Roads has received one request for Internal Review of a decision under section 20 of the Freedom of Information Act. That decision was changed in part as a result of the review.
(6) None
(7) Main Roads refused to deal with the relevant FOI applications in accordance with section 20 of the
Freedom of Information Act 1992
on the basis that the work involved in dealing with the access applications would divert a substantial and unreasonable portion of the agency's resources away from its other operations. This decision was made in both respective instances after Main Roads took reasonable steps to help the respective applicants to change their applications to reduce the amount of work needed to deal with it.
The first application potentially involved thousands pages of documents spread across the files relating to ten different major road construction projects.
The other applications collectively treated as one potentially involved more than one thousand pages of documents relating to the acquisition by Main Roads of part or all of 65 properties involving 72 different private landowners. The applicant has since agreed for Main Roads to proceed with the application with a reduced scope on the basis of a smaller number of properties.
(8) No Main Roads decision under the FOI Act during the relevant period has been the subject of an application for External Review.
Department for Planning and Infrastructure
(1) 124
(2) 27 days
(3) FOI applications vary considerably in scope and subject matter as does the time required to identify, retrieve and review relevant documents relevant to individual applications. This inevitably results in different process times for each application some of which inevitably exceed the average processing time.
(4) 41. ("Rejected" is interpreted to mean "refused").
(5) None.
(6) One.
(7) Exemptions 3,4,6,7,8 and sections 6,26 and 48.
(8) Not applicable
Office of the Minister for Transport; Disability Services
(1) 16
(2) 45 days
(3) Not Applicable. While there is no requirement under the Act for a reason to be given for exceeding the 'average" time for processing, the exceptional number of FOI applications from the opposition means that responses will likely be slower.
(4)-(8) It should be noted that:
An FOI application is not "rejected" by an agency, even when an application does not comply with the requirements of s12 of the FOI Act. The agency must take reasonable steps to help the applicant to change the application so that it complies with those requirements.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
(1) 14.
(2) The average time taken to process 14 applications in part (1) was 41 days.
(3) FOI applications vary considerably in scope and subject matter as does the time required to identify, retrieve and review relevant documents relevant to individual applications. This inevitably results in different process times for each application some of which inevitably exceed the average processing time.
(4) None.
(5) Not Applicable.
(6) Not Applicable.
(7) Not Applicable.
(8) Not Applicable.
Main Roads Western Australia
(1) 28
(2) 31 calendar days
(3) FOI applications vary considerably in scope and subject matter as does the time required to identify, retrieve and review relevant documents relevant to individual applications. This inevitably results in different process times for each application some of which inevitably exceed the average processing time.
(4) The term 'rejected' has been taken to mean either:
(a) Claiming exemptions in respect of all of each document within the scope of the application (ie therefore not releasing any documents); or
(b) Issuing a notice under section 20 of the Freedom of Information Act 1992 refusing to deal with the application or release any documents.
Main Roads has not had any FOI applications falling into category a.
With respect to category b, Main Roads has issued two Notices under section 20 of the
Freedom of Information Act
. The first of these was in respect of a single application. The second of these Notices was issued in response to fourteen applications from the same applicant that were treated as one for the purposes of section 20 of the
Freedom of Information Act
. These fourteen applications overlapped the same subject matter with the clear intent of circumventing the operation of section 20 and an agency's power to treat them as one for the purposes of section 20 has recently been recognised by the Information Commissioner.
(5) Main Roads has received one request for Internal Review of a decision under section 20 of the Freedom of Information Act. That decision was changed in part as a result of the review.
(6) None
(7) Main Roads refused to deal with the relevant FOI applications in accordance with section 20 of the
Freedom of Information Act 1992
on the basis that the work involved in dealing with the access applications would divert a substantial and unreasonable portion of the agency's resources away from its other operations. This decision was made in both respective instances after Main Roads took reasonable steps to help the respective applicants to change their applications to reduce the amount of work needed to deal with it.
The first application potentially involved thousands pages of documents spread across the files relating to ten different major road construction projects.
The other applications collectively treated as one potentially involved more than one thousand pages of documents relating to the acquisition by Main Roads of part or all of 65 properties involving 72 different private landowners. The applicant has since agreed for Main Roads to proceed with the application with a reduced scope on the basis of a smaller number of properties.
(8) No Main Roads decision under the FOI Act during the relevant period has been the subject of an application for External Review.
Department for Planning and Infrastructure
(1) 124
(2) 27 days
(3) FOI applications vary considerably in scope and subject matter as does the time required to identify, retrieve and review relevant documents relevant to individual applications. This inevitably results in different process times for each application some of which inevitably exceed the average processing time.
(4) 41. ("Rejected" is interpreted to mean "refused").
(5) None.
(6) One.
(7) Exemptions 3,4,6,7,8 and sections 6,26 and 48.
(8) Not applicable
Office of the Minister for Transport; Disability Services
(1) 16
(2) 45 days
(3) Not Applicable. While there is no requirement under the Act for a reason to be given for exceeding the 'average" time for processing, the exceptional number of FOI applications from the opposition means that responses will likely be slower.
(4)-(8) It should be noted that:
An FOI application is not "rejected" by an agency, even when an application does not comply with the requirements of s12 of the FOI Act. The agency must take reasonable steps to help the applicant to change the application so that it complies with those requirements.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.