❓ A WA parliamentary Question on Notice regarding Freedom of Information (FOI) requests within the Mines and Petroleum portfolio, covering the period from September 2008 to March 2009. It seeks data on FOI application volume, processing times, reasons for delays and rejections, and appeals outcomes.
AnsweredQoN 609Legislative 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
12 May 2009
Responded by
Minister for Mines and Petroleum
Response time
42 days
MINISTERIAL OFFICE
(1) 18
(2) 40 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 MINES AND PETROLEUM
(1) 103
(2) 28 days
(3) 17 applications were not dealt with within this average time period -
One could not be finalised until completion of an accident investigation report;
Five required extra time for consultation with third parties;
Two took some time to search for archive documents;
One required clarification of the scope from the applicant; and
Eight were finalised as soon as possible.
Some requests were more complex than others, but all were dealt with within the 45 day permitted period.
(4) Access to documents was refused in 39 FOI applications.
(5) None
(6) None
(7) 38 applications were refused under section 26 of the FOI Act - there were no documents in the possession of the Department to fulfil the scope of the request;
One application was refused under clause 5(1)(b) of the FOI Act as an accident investigation was still being undertaken.
(8) Not applicable
Please note that this information is for Freedom of Information applications dealt with by the Department of Industry and Resources for the period 23 September 2008 to 31 December 2008 and by the Department of Mines and Petroleum for the period 1 January 2009 to 31 March 2009.
MINERALS AND ENERGY RESEARCH INSTITUTE OF WESTERN AUSTRALIA
(1) Nil
(2) - (8) Not applicable
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(1) 18
(2) 40 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 MINES AND PETROLEUM
(1) 103
(2) 28 days
(3) 17 applications were not dealt with within this average time period -
One could not be finalised until completion of an accident investigation report;
Five required extra time for consultation with third parties;
Two took some time to search for archive documents;
One required clarification of the scope from the applicant; and
Eight were finalised as soon as possible.
Some requests were more complex than others, but all were dealt with within the 45 day permitted period.
(4) Access to documents was refused in 39 FOI applications.
(5) None
(6) None
(7) 38 applications were refused under section 26 of the FOI Act - there were no documents in the possession of the Department to fulfil the scope of the request;
One application was refused under clause 5(1)(b) of the FOI Act as an accident investigation was still being undertaken.
(8) Not applicable
Please note that this information is for Freedom of Information applications dealt with by the Department of Industry and Resources for the period 23 September 2008 to 31 December 2008 and by the Department of Mines and Petroleum for the period 1 January 2009 to 31 March 2009.
MINERALS AND ENERGY RESEARCH INSTITUTE OF WESTERN AUSTRALIA
(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
http://www.rtlib.com
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