❓ A WA parliamentary question on notice requesting data on Freedom of Information (FOI) applications processed by agencies within the Attorney General's portfolio. The response provides figures on FOI requests received and processing times, while noting that some agencies are exempt or that detailed data is not readily available.
AnsweredQoN 645Legislative Council
QuestionView source ↗
For each Department and Agency within the Attorney General’s portfolio, including the Attorney General’s office, will the Attorney General 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 Transport representing the Attorney General
Response time
43 days
Ministerial Office
(1) 8
(2) 45 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.
Commissioner for Children and Young People
(1) Nil
(2-8) Not applicable.
Department of Corrective Services
The following information was accurate as at 31 March 2009.
(1) 185 applications.
(2) 14 days.
(3) This data is not readily available and would require considerable effort to research each individual FOI application, therefore a response is not provided.
(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 the Attorney General
(1) 49.
(2) 8 days.
(3) Not applicable.
(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.
Equal Opportunity Commission
(1) Nil.
(2-8) Not applicable.
Law Reform Commission
(1)
(2-8) Not applicable
Legal Aid Commission
(1) 4
(2) 14 days
(3) Three have been responded to within the 45 day limit. One is still outstanding but still within the 45 day limit.
(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.
Office of the Director of Public Prosecutions
(1-8) Not applicable. The Office of the Director of Public Prosecutions is listed as an exempt agency under Schedule 2 of the
Freedom of Information Act 1992
(WA).
Office of the Information Commissioner
(1-8) Not applicable. The Office of the Information Commissioner is listed as an exempt agency under Schedule 2 of the
Freedom of Information Act 1992
(WA).
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(1) 8
(2) 45 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.
Commissioner for Children and Young People
(1) Nil
(2-8) Not applicable.
Department of Corrective Services
The following information was accurate as at 31 March 2009.
(1) 185 applications.
(2) 14 days.
(3) This data is not readily available and would require considerable effort to research each individual FOI application, therefore a response is not provided.
(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 the Attorney General
(1) 49.
(2) 8 days.
(3) Not applicable.
(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.
Equal Opportunity Commission
(1) Nil.
(2-8) Not applicable.
Law Reform Commission
(1)
(2-8) Not applicable
Legal Aid Commission
(1) 4
(2) 14 days
(3) Three have been responded to within the 45 day limit. One is still outstanding but still within the 45 day limit.
(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.
Office of the Director of Public Prosecutions
(1-8) Not applicable. The Office of the Director of Public Prosecutions is listed as an exempt agency under Schedule 2 of the
Freedom of Information Act 1992
(WA).
Office of the Information Commissioner
(1-8) Not applicable. The Office of the Information Commissioner is listed as an exempt agency under Schedule 2 of the
Freedom of Information Act 1992
(WA).
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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