The FOI Process
What type of access will be provided? What happens once an application is made? What happens if UWA doesn't have the documents? Documents containing medical or psychiatric information Special provisions - children and individuals with an intellectual disability When can UWA refuse an application? What rights do individuals have to seek a review of a UWA decision? First, check if it is possible to access the document outside the FOI process – see Introduction to FOI. The table below sets out the requirements that must be met in order to make a valid application under the FOI Act.
Where an application is made for personal information, the applicant may be asked to provide proof of identity (such as a passport, drivers licence, or a UWA student or staff card) before being given access to the documents. If you require assistance to make an FOI application, you can contact the FOI Coordinator, Laurence Shepherd on 6488 4759 or by email laurence.shepherd@uwa.edu.au. Please note that while UWA accepts faxed or emailed applications, an application for non-personal information will not be valid until the application fee is received. WHAT TYPE OF ACCESS WILL BE PROVIDED? The FOI Act allows access to be given to an applicant in a number of ways and includes; allowing an inspection of a document; providing a copy of a document; reproducing electronically stored information in a written format. If an applicant asks for a particular type of access, then UWA must give access in that way unless doing so would:
Edited Access UWA may decide that certain information in a document is exempt from disclosure. In these circumstances, access may be provided to a document with the 'exempt matter' removed, where it is practical to do so. This is known as ‘edited access’. The most common exemption applied under the FOI Act is clause 3, which relates to personal information about third parties (other than the applicant). Deferred Access UWA can defer giving access to a document for a reasonable period where:
In addition, UWA must defer giving access to a document where the document contains information about a third party, and that third party has objected to the document being released. In these circumstances, access cannot be given until the third party has had an opportunity to request a review of the decision to release the information. WHAT HAPPENS ONCE AN APPLICATION IS MADE? Under the FOI Act, an agency must make a decision within 45 days of receiving a valid application. The length of time it takes to deal with an application will depend on a number of factors including the number of documents involved, the complexity of the information and whether consultations with third parties is required. The Information Commissioner can reduce or extend the amount of time that UWA has to deal with an application. However, time frames are usually negotiated between UWA and the applicant. Applicants who have a genuine need to have an application processed quickly should discuss this with the FOI Coordinator. On receipt of an application, UWA will confirm in writing to the applicant that the application was received, the ambit of application and of the due date the decision will be made. UWA will then conduct a search for the documents requested. On occassion, it is possible that no documents can be located and therefore, access cannot be provided. If this occurs, a full explanation will be provided in the decsion. Once the documents are located, a decision will be made whether to release the documents and/or in what format (i.e. edited access). Consulations may be required in regards to personal, commercial or business information about third parties (other than the applicant). On completion of this process, UWA will prepare a ‘Notice of Decision’, which will outline the following:
If a ‘Notice of Decision’ is not provided to the applicant within the permitted 45 day period, it is taken that UWA has refused the application. The applicant has then the option of applying to have the refusal of the application reviewed. This process is explained below in the category (What rights do individuals have to seek a review of a UWA decision?) Applications that are not well-defined and likely to relate to a large number of documents can require significant time and resources to deal with. Further, applications for non-personal information, may result in substantial charges made payable by the applicant. Refer to the below category (Charges) for details. Where an application is broad in scope, the FOI Coordinator will assist applicants to clarify the information they are seeking, which may reduce the time and resources required to process the application. UWA can ultimately refuse to deal with an application if it would divert a substantial and unreasonable portion of its resources. The FOI Coordinator is available to assist an applicant to reduce the application to a manageable size. WHAT HAPPENS IF UWA DOESN'T HAVE THE DOCUMENTS? If UWA does not have the requested documents but knows or reasonably believes that another agency does, then UWA will transfer the application to that agency. If UWA cannot locate any documents and has no reason to believe that another agency are in possession of these documents, UWA can refuse the access application on the grounds that the documents cannot be found or do not exist. The applicant will be given an explanation of the steps taken by UWA to locate the document with the option of requesting a review of that decision. The table below is a list of charges that can be imposed under the FOI Act, in addition to the application fee of $30.00. These charges are outlined in the Freedom of Information Regulations, 1993.
The application fee and charges do not apply for access to personal information about the applicant. How Does an Applicant know what Charges will Apply? An applicant will receive an 'Estimate of Charges' when charges are likely to exceed $25.00. UWA may also request that the applicant pay a percentage of the estimated charges as an advance deposit prior to proceeding. Applicants can contact the FOI Coordinator to discuss ways in which charges can be reduced. If an applicant does not notify UWA of their intentions within 30 days after receiving an 'Estimate of Charges' or does not pay the requested deposit within this timeframe, the application will be considered as withdrawn. When Can Charges be Reduced or Waived? The FOI Coordinator will offer applicants all reasonable assistance to minimise potential charges as discussed in the category above (Large Applications). In instances where the applicant agrees to the division of an application into parts so that it can be dealt with in stages, or extending the time UWA has to deal with an application, consideration will be given by the FOI Coordinator to reduce or waive the charges payable. Charges will be reduced by 25% where an applicant holds a valid pensioner concession card. UWA also has discretion to further reduce or waive charges for financially disadvantaged applicants. No charges apply to applications for personal information. Review Rights If an applicant is aggrieved with the charges imposed or the requirement to pay an advance deposit, they should discuss this with the FOI Coordinator. Options are available to reduce the ambit of application and therefore reducing the charges/deposit payable. If this matter remains unresolved, a review of the decision can be requested. In some circumstances, UWA can transfer an FOI application, or part thereof, to another agency. An application will be transferred if UWA does not have the relevant documents, but knows or reasonably believes that another agency does. If UWA receives an application for documents that are in our possession but were created by another agency, the application may be transferred to the agency of origin as they would relate more closely to the functions of that agency. UWA will notify an applicant if an application is transferred to another agency. The prescribed 45 day period to process a FOI application will still apply from the date a valid application is received despite it being transferred to another agency to finalise. Some agencies are exempt from the FOI Act, including the Auditor General, Parliament, the Corruption and Crime Commission and the Parliamentary Commissioner for Administrative Investigations (Ombudsman). UWA cannot transfer an application to an exempt agency. Refer to Schedule 2 of the FOI Act for a comprehensive list of exempt agencies. Where a document contains personal information, including commercial or business information relating to a third party (a person that is not the applicant), UWA will consult with the third party for their views if release is being considered. If the third party objects to the information being disclosed, UWA will take the objection into account in deciding whether to give access to the information. However, UWA will not refuse access due to an objection by a third party unless there are valid grounds under the FOI Act in doing so. (See category above - What type of access will be given?)
Access to the document will not be provided until the third party has exercised their rights to request a review of the decision to release the information. DOCUMENTS CONTAINING MEDICAL OR PSYCHIATRIC INFORMATION If a document contains medical or psychiatric information about a third party, it is considered personal information and will not be released unless the individual concerned consents to its release. SPECIAL PROVISIONS - CHILDREN AND INDIVIDUALS WITH AN INTELLECTUAL DISABILITY Children An application can be made on behalf of a child by their guardian, or by the person who has custody or care and control of the child. If UWA is considering giving access to a document that contains personal information about a child under 16, UWA may conduct third party consultation with the guardian of the child or the person who has custody, care or control of the child, rather than the child themselves. This is undertaken where UWA believes that the child does not have the capacity to make a mature judgment as to the nature and significance of the document and what may be in their best interests. Individuals with an Intellectual Disability An application can be made on behalf of a person with an intellectual disability by the person’s closest relative or guardian. If UWA is considering giving access to a document that contains personal information about a person with an intellectual disability, UWA can conduct third party consultation with the closest relative or guardian of the person, rather than the indimvidual concerned. UWA can also refuse to give an applicant access to documents where:
WHEN CAN UWA REFUSE AN APPLICATION? UWA can refuse an application for access to documents if:
When a Document will be Exempt from Disclosure UWA is not required to consult or grant access to a document containing information that is exempt from disclosure. Exemptions are set out in Schedule 1 of the FOI Act. Documents that may be exempt from disclosure include documents that contain:
Many exemptions under the FOI Act are subject to a ‘public interest test’. This means that information that would be normally be exempt from disclosure will be released if its in the public interest. Determining whether a document is in the public interest to disclose requires identifying the public interest factors for and against disclosure, and weighing them against each other. For example, where a document contains personal information about a third party, this would involve weighing the public interest in an applicant being able to exercise their FOI rights against the public interest in maintaining the personal privacy of that third party. Where UWA refuses access on the ground that the information is exempt, the reasons for the decision and the nature of the relevant exemption, will be explained in the Notice of Decision provided to the applicant. When it is practical to do so, UWA will remove the exempt information from a document and provide the applicant with edited access. WHAT RIGHTS DO INDIVIDUALS HAVE TO SEEK A REVIEW OF A UWA DECISION? Internal Review An ‘Internal Review’ is a review of the decision that is conducted within UWA. What decisions can be reviewed? An applicant can request an internal review of a decision to:
A third party can request an internal review of a decision to release documents that contain personal, commercial or business information about them. How to Make an Application for Internal Review An internal review request must be made within 30 days of receiving the Notice of Decision. There is no charge for requesting an internal review. The table below sets out the requirements that must be met in order to make a valid internal review request under the FOI Act.
An internal review cannot be conducted either by the person who made the original decision, or by someone subordinate to that person. The internal reviewer can confirm, vary, or reverse the original decision. Once a request for internal review has been made, the agency will review the disputed decision within 15 days. If the applicant is still aggrieved with the internal review decision, they may apply for an external review with the Office of the Information Commissioner. If UWA fails to provide an applicant with a decision on the review within 15 days, it is to be taken that the original decision is confirmed. The applicant may then request an external review with the Office of the Information Commissioner. External Review Under the FOI Act, appicants may submit a complaint about a decision made by an agency to the Information Commissioner (see Introduction to FOI for more information about the Information Commissioner) and is referred to as an external review. It is usually not possible to request an external review until an internal review has been conducted unless the original decision was made by the Vice Chancellor.The Information Commissioner may allow an applicant to request an external review if they are able to demonstrate why an internal review should not be applied for, or, if it has been, why it should not be completed. An applicant can request an external review within sixty days of receiving a Notice of Decision. A third party can request an external review within thirty days of receiving a Notice of Decision.
Further information on external reviews is available from the Office of the Information Commissioner.
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