A WA parliamentary question seeks detailed information on Freedom of Information (FOI) requests processed by the Minister for Sport and Recreation's portfolio agencies for 2003-2005. The Minister's answer indicates that some requested data is not yet compiled and clarifies FOI processes.

AnsweredQoN 1490Legislative Council
Asked
4 May 2005
Portfolio
Sport and Recreation

QuestionView source ↗

For each Department and Agency within the Minister’s portfolio, including the Ministerial office, will the Minister provide the following information relating to the 2003-2004 financial year, and the 2004-2005 financial year to date -
(1) How many freedom of information (FOI) applications were 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
18 May 2005
Responded by
Parliamentary Secretary representing the Minister for Sport and Recreation
Response time
14 days
Statistical information for the 2004-05 year is being, or will be, collated by each agency to submit to the Information Commissioner at the end of the financial year for inclusion in the Commissioner's 2004-05 Annual Report. 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 s 12 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 (see s 11(3)); and there is no requirement under the Act for a reason to be given for exceeding the 'average' time for processing.
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 s 12 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 (see s 11(3)); and there is no requirement under the Act for a reason to be given for exceeding the 'average' time for processing.
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 s 12 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 (see s 11(3)); and there is no requirement under the Act for a reason to be given for exceeding the 'average' time for processing.

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