❓ A WA parliamentary question on notice requests FOI statistics from agencies within the Premier's portfolio. The responses reveal varying FOI activity and processing times across different departments, with some agencies citing exemptions or the need for consultation as reasons for delays or refusals.
AnsweredQoN 622Legislative Council
QuestionView source ↗
For each Department and Agency within the Premier’s portfolio, including the Premier’s office, will the Premier 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
12 May 2009
Responded by
Leader of the House representing the Premier
Response time
42 days
Department of the Premier and Cabinet advises (including the Office of the Premier):
(1) 54
(2) 38
(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.
Public Sector Commissioner advises:
(1) 5
(2) 35 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.
Department of State Development advises:
(1) 2
(2) 50 days (for the one application completed). Approval was granted by the applicant for an extension to the 45-day permitted period.
(3) Not applicable
(4) None
(5-8) Not applicable
Please note that this information is for the period from 1 January 2009 only, the date that the Department of State Development was formed. Information concerning any FOI applications dealt with prior to that date is included in the information provided by the Department of Mines and Petroleum, formerly the Department of Industry and Resources.
Office of the Public Sector Standard Commissioner advises:
(1) 7
(2) 39 days was the average time taken to conclude the response for applications received and completed since 23 September 2008.
(3) The requirement to consult with 3rd parties that are named in documents sought by applicants.
(4) 3 applications resulted in access to documents being refused under the Exempt Matter provisions of the FOI Act 1992
(5) Nil
(6) One
(7-8) 2 were refused under Clause 14(5) Schedule 1 of the FOI Act 1992 ( relates to Public Interest Disclosure) 1 was refused under Clause 7(1) Schedule 1 of the FOI Act 1992 ( relates to Legal Professional Privilege).
Corruption and Crime Commission of WA advises:
(1) Five
(2) 10 days
(3) Not applicable
(4) Five
(5-6) None
(7) The Commission is an 'exempt agency' under schedule 2 of the
Freedom of Information Act 1992
.
(8) Not applicable
Governor's Establishment advises:
(1-8) Not applicable to Governor's Establishment
Lotterywest; Gold Corporation advises:
(1) Nil
(2-8) Not applicable
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(1) 54
(2) 38
(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.
Public Sector Commissioner advises:
(1) 5
(2) 35 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.
Department of State Development advises:
(1) 2
(2) 50 days (for the one application completed). Approval was granted by the applicant for an extension to the 45-day permitted period.
(3) Not applicable
(4) None
(5-8) Not applicable
Please note that this information is for the period from 1 January 2009 only, the date that the Department of State Development was formed. Information concerning any FOI applications dealt with prior to that date is included in the information provided by the Department of Mines and Petroleum, formerly the Department of Industry and Resources.
Office of the Public Sector Standard Commissioner advises:
(1) 7
(2) 39 days was the average time taken to conclude the response for applications received and completed since 23 September 2008.
(3) The requirement to consult with 3rd parties that are named in documents sought by applicants.
(4) 3 applications resulted in access to documents being refused under the Exempt Matter provisions of the FOI Act 1992
(5) Nil
(6) One
(7-8) 2 were refused under Clause 14(5) Schedule 1 of the FOI Act 1992 ( relates to Public Interest Disclosure) 1 was refused under Clause 7(1) Schedule 1 of the FOI Act 1992 ( relates to Legal Professional Privilege).
Corruption and Crime Commission of WA advises:
(1) Five
(2) 10 days
(3) Not applicable
(4) Five
(5-6) None
(7) The Commission is an 'exempt agency' under schedule 2 of the
Freedom of Information Act 1992
.
(8) Not applicable
Governor's Establishment advises:
(1-8) Not applicable to Governor's Establishment
Lotterywest; Gold Corporation advises:
(1) Nil
(2-8) Not applicable
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
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