❓ Dr. Walker questions the Attorney General regarding delays in OIC external review decisions, resourcing, and jurisdiction over Local Government Act records. The Attorney General acknowledges delays, cites funding increases, and clarifies the OIC's jurisdictional limitations.
AnsweredQoN 1749Legislative Council
QuestionView source ↗
(1) How many Western Australian Office of the Information Commissioner (OIC) external review decisions are awaiting a decision by the OIC? (2) What are the details of the outstanding external review decisions and on what date was each of them received by the OIC? (3) Are the delays a resourcing issue and if so what resources are needed by the OIC to remedy the delays in external review decision outcomes? (4) Does the OIC have the jurisdiction to compel the release of a Local Government Act 1996 prescribed public record, which a Local Government refuses to release? (5) If no to (4), will the Minister amend the Freedom of Information Act 1992 to resolve this issue? (6) If no to (4), what are the applicant’s complaint routes to obtain such a public record?
AnswerView source ↗
Answered
27 February 2024
Responded by
Parliamentary Secretary to the Attorney General
Response time
7 days
(1) As at the end of the last internal reporting period (30 November 2023), there were 188 active external reviews on hand.
(2) I am advised section 82 of the Freedom of Information Act 1992 (the Act) restricts the disclosure of information obtained under the Act. However, the following is provided to give an overall picture of the age of the on hand external review matters. The numbers of active external reviews by age range as at 30 November 2023 are as follows:
· 41 – less than 3 months since received (22%)
· 31 – between 3 - 6 months since received (16%)
· 51 – between 6 -12 months since received (27%)
· 65 – more than 12 months since received (35%)
(3) As part of the 2023–24 budget, the government approved an additional $1.7 million for additional resources to address workload pressures and reduce the backlog of external reviews under the Act. A further $1.4 million funding was also provided for the Office of the Information Commissioner for integrated case management and an electronic document and records management system to build efficiencies within the office to address workload pressures.
The time taken to deal with an external review is also affected by the administrative law requirements of procedural fairness. The following factors will also impact on the time taken to deal with an external review:
· accessibility and cooperation of the parties;
· the number of disputed documents
· the clarity and sufficiency of the agency’s notice of decision; and
· the complexity of the facts in issue or the legal matters involved.
(4)-(6) The Information Commissioner only has jurisdiction under the Act to make a decision that access should be given to a document if an agency has refused access to the document in response to an access application made under the Act and external review of the agency’s decision has been applied for. The Information Commissioner cannot make a decision that access should be given where documents are already publicly available, including available for inspection under another enactment.
(2) I am advised section 82 of the Freedom of Information Act 1992 (the Act) restricts the disclosure of information obtained under the Act. However, the following is provided to give an overall picture of the age of the on hand external review matters. The numbers of active external reviews by age range as at 30 November 2023 are as follows:
· 41 – less than 3 months since received (22%)
· 31 – between 3 - 6 months since received (16%)
· 51 – between 6 -12 months since received (27%)
· 65 – more than 12 months since received (35%)
(3) As part of the 2023–24 budget, the government approved an additional $1.7 million for additional resources to address workload pressures and reduce the backlog of external reviews under the Act. A further $1.4 million funding was also provided for the Office of the Information Commissioner for integrated case management and an electronic document and records management system to build efficiencies within the office to address workload pressures.
The time taken to deal with an external review is also affected by the administrative law requirements of procedural fairness. The following factors will also impact on the time taken to deal with an external review:
· accessibility and cooperation of the parties;
· the number of disputed documents
· the clarity and sufficiency of the agency’s notice of decision; and
· the complexity of the facts in issue or the legal matters involved.
(4)-(6) The Information Commissioner only has jurisdiction under the Act to make a decision that access should be given to a document if an agency has refused access to the document in response to an access application made under the Act and external review of the agency’s decision has been applied for. The Information Commissioner cannot make a decision that access should be given where documents are already publicly available, including available for inspection under another enactment.
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