❓ A WA parliamentary Question on Notice from Hon Ljiljanna Ravlich seeks detailed information on Freedom of Information (FOI) applications processed by the Minister for Environment's portfolio agencies between September 2008 and March 2009. The response reveals varying FOI activity across different agencies and highlights challenges in processing complex or overly broad requests.
AnsweredQoN 620Legislative 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 Environment
Response time
43 days
Minister's Office (including Office of the Appeals Convenor)
(1) 14
(2) 42.3 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.
Botanical Gardens and Parks Authority
(1) Nil
(2-8) Not applicable
Perth Zoo
(1) Nil
(2-8) Not applicable
Department of Environment and Conservation (including Swan River Trust)
(1) 138
(2) 20 days.
(3) Applications that exceeded the average time for processing were either more complex and involved a large number of documents, required third party consultation or had certain exempt information that required editing.
(4) 1 application was refused to be dealt with under Section 20 of the FOI Act.
(5) 0
(6) 0
(7) It was considered that the scope of the FOI request was too large and that it would divert a substantial and unreasonable portion of the agency's resources away from its other operations. An estimate of 2400 documents was identified. A number of ways to reduce the scope were suggested to the applicant. The applicant amended the scope. However, this did not reduce the amount of resources that would be required. A further request to narrow the scope was sent to the applicant. The applicant refused to narrow the scope and requested the agency make a formal decision. A right to apply for an internal or external review was afforded to the applicant but no response was received to this request. The Department then refused to deal with the application.
(8) Not applicable.
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(1) 14
(2) 42.3 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.
Botanical Gardens and Parks Authority
(1) Nil
(2-8) Not applicable
Perth Zoo
(1) Nil
(2-8) Not applicable
Department of Environment and Conservation (including Swan River Trust)
(1) 138
(2) 20 days.
(3) Applications that exceeded the average time for processing were either more complex and involved a large number of documents, required third party consultation or had certain exempt information that required editing.
(4) 1 application was refused to be dealt with under Section 20 of the FOI Act.
(5) 0
(6) 0
(7) It was considered that the scope of the FOI request was too large and that it would divert a substantial and unreasonable portion of the agency's resources away from its other operations. An estimate of 2400 documents was identified. A number of ways to reduce the scope were suggested to the applicant. The applicant amended the scope. However, this did not reduce the amount of resources that would be required. A further request to narrow the scope was sent to the applicant. The applicant refused to narrow the scope and requested the agency make a formal decision. A right to apply for an internal or external review was afforded to the applicant but no response was received to this request. The Department then refused to deal with the application.
(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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