❓ Hon Ray Halligan requests detailed information on Freedom of Information (FOI) applications processed by the Minister for Police and Emergency Services' portfolio agencies for the 2003-2004 and 2004-2005 financial years. The Minister's response indicates that the 2004-05 data is still being collated and clarifies aspects of FOI processing under the Act.
AnsweredQoN 1481Legislative Council
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?
(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
Minister for Fisheries representing the Minister for Police and Emergency Services
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.
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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