Part 5 s.94 of the FOI Act 1992
The Western Australian Freedom of Information Act 1992(the FOI Act) gives the public the right to apply for access to documents held by State Public Sector agencies, including those of the Department of Treasury.
As an agency, the Department is required to assist an applicant to obtain access to documents sought at the lowest reasonable cost, and to ensure that their personal information held by the Department is accurate, complete, up to date and not misleading.
When making an FOI application, you do not have to give reasons for applying for the documents, nor does the Department’s view about your reasons for applying affect your right to apply for access.
The kinds of documents which you may request can be stored in diverse formats ranging from paper files to electronically stored information.
You may also apply for access to personal information about yourself that is contained in documents held by the Department. You have the right to apply for the amendment of personal information about you (the applicant) if the information contained in a departmental record is inaccurate, incomplete, out of date or misleading.
Key legislationShow more
The Department of Treasury’s enabling legislation is the Public Sector Management Act 1994.
There are also a number of State Acts and Regulations that either govern the Department’s operations or constitute part of the legislation it is responsible for administering, and legislation affecting its activities.
A complete and up to date listing of these is maintained by the State Law Publisher (Acts with administering portfolios and public sector agencies).
Office locations and contactShow more
David Malcolm Justice Centre
28 Barrack Street
PERTH Western Australia 6000
Switchboard: (08) 6551 2777
How the Department’s functions affect youShow more
The Department of Treasury provides advice and analysis on State taxes, financial arrangements with the Commonwealth (including the GST), the Western Australian economy and the major government owned enterprises (including electricity reform and water issues).
It develops and implements policies to assist the Western Australian public sector in its financial management, and to help agencies with the implementation of accounting standards and the legislative framework. It looks after the Public Ledger and manages the investment of the Public Bank Account. It publishes regular reports on the State’s Treasuries and advises Government on financial targets.
It plays a key role in determining the appropriate costs of Government services and provides advice in relation to value for taxpayers’ money; sets budgets for agencies that are consistent with the Government’s priorities and desired outcomes; monitors agency service delivery; provides advice in the management of the State’s Infrastructure Program; and advises Government in relation to various financial and operational reforms.
Public consultationShow more
The Department has a Complaints Feedback System that enables its clients to provide feedback on the Department’s services in the form of complaints and suggestions. All feedback is considered and a response provided to the client. Feedback may be provided online and by telephone. The information received into the system is used to review the Department’s business operations and performance.
Documents that are usually held by the DepartmentShow more
If you wish to seek access to these documents, please contact the Manager FOI. Wherever appropriate, documents can be provided at no cost outside of Freedom of Information. However, particular documents may contain exempt material and will only be available with those exempt portions removed.
Public access to documentsShow more
All of Treasury’s periodic finance, economic and other publications are available online through the Department’s website. These documents include but are not limited to:
- Annual reports
- Budget Papers
- Economic Indicators
- Economic Research Papers
- Economic Summaries
- Financial Policy
- Revenue / State Taxes
- State Finances
- Strategic Asset Management Framework
Copies of publications may also be obtained by contacting Treasury’s Business Communication’s team on telephone no: (08) 6551 2777.
As part of the broader State Government initiative to ensure accessibility to information, our publications are provided wherever possible in an accessible format. On request, publications can be made available in alternate formats.
Departmental policy and procedure documents can be made available on request by contacting the Manager FOI. Access is available by inspection or through copies provided.
Documents not publicly availableShow more
- Administration files
- Internal reports
- Personnel files
- Departmental official correspondence
- Electronic correspondence (emails)
- Financial documents
- Contract files
- Tender applications
- Planning documents
- Project management files
Members of the public may apply to access these documents under the general right of access to government documents created by the Freedom of Information Act 1992 (the FOI Act) which came into effect on 1 November 1993.
How to make an FOI applicationShow more
An application for access to documents and enquiries should be addressed to the Manager Freedom of Information:
Department of Treasury
QBE House, Plaza Level
200 St Georges Terrace
PERTH Western Australia 6000
Department of Treasury
Locked Bag 11
PERTH Western Australia 6850
Telephone: (08) 6551 1125
It is the aim of the agency to make information available promptly and at the least possible cost, and whenever possible documents will be provided outside the FOI process.
If information is not routinely available, the FOI Act provides the right to apply for documents held by the agency and to enable the public to ensure that personal information in documents is accurate, complete, up to date and not misleading.
Access applications have to:
- be in writing;
- give enough information so that the documents requested can be identified;
- give an Australian address to which notices can be sent; and
- be lodged at the agency with any application fee payable ($30.00 per application for non-personal information).
If you are acting on behalf of another party, you must provide legal proof of authority to act for them and if you are applying for access to personal information about yourself, you must provide valid identification. Applications will be acknowledged in writing.
FOI fees and chargesShow more
A scale of fees and charges are set under the Freedom of Information Regulations 1993 . Apart from the application fee for access to non-personal information which is non-refundable, all charges are discretionary and can be waived.
The charges are as follows:
|Personal information about the applicant||No fee|
|Application fee (for non-personal information)||$30|
|Charge for time dealing with the application (per hour, or pro rata)||$30|
|Access time supervised by staff (per hour or pro rata)||$30|
|Photocopying staff time (per hour or pro rata)||$30|
|Transcribing from tape, film or computer (per hour, pro rata)||$30|
|Duplicating a tape, film or computer information||Actual cost|
|Delivery, packaging and postage||Actual cost|
|Advance deposit may be required of the estimated charges||25%|
|Further advance deposit may be required to meet the charges for dealing with the application||75%|
Advance deposit may be required of the estimated charges 25%
Further advance deposit may be required to meet the charges for dealing with the application 75%
For financially disadvantaged applicants or those issued with prescribed pensioner concession cards, the charge payable is reduced by 25%.
Processing your requestShow more
Upon receipt of a valid FOI application, the Department will endeavour to make a decision whether to grant or refuse access within the 45 calendar day period stipulated under the FOI Act. However, where necessary, an extension of time may be sought.
The Department may contact you to clarify the scope of your request.
FOI Notice of DecisionShow more
As soon as possible but in any case within 45 calendar days you will be provided with a Notice of Decision which will include details such as:
- the date on which the decision was made
- the name and the designation of the officer who made the decision
- if the document is an exempt document the reasons for classifying the matter exempt; or the fact that access is given to an edited document
- information on the rights to seek a review and the procedures to be followed to exercise those rights.
What types of documents are exempt?
In some cases, documents may be exempt from release because the relevant information is genuinely sensitive and real harm will be caused by its disclosure. The exemptions are designed to strike a balance between the rights of applicants to disclosure of Government held documents and the need to protect the legitimate interests of Government and third parties who deal with Government.
The exemptions listed in the FOI Act are based on the premise that disclosure of the particular information would:
- reveal personal information about an individual (whether living or dead);
- cause damage to business interests/Intergovernmental relations or law enforcement; or
- adversely affect the operations of agencies or their decision-making processes.
Access to documents can be granted by way of inspection, by providing a copy of a document, a copy of an audio or video tape, a computer disk, a transcript of a recorded, shorthand or encoded document from which words can be reproduced.
Rights of reviewShow more
Applicants who are dissatisfied with a decision of the agency are entitled to ask for an internal review by the agency. The application for an internal review should be made in writing within 30 days of receiving the Notice of Decision. There are no charges for the conduct of reviews. The internal review will be conducted by an independent officer, who is not subordinate to the original decision maker.
You will be notified of the outcome of the review within 15 days.
If you disagree with the result you can then apply to the Information Commissioner for an external review. Applications for external review should be made within 60 days of receiving the Notice of Internal Review Decision. The Information Commissioner will investigate the decision made by the Department.
Amending personal information under the FOI ActShow more
Applications for amendment of personal information can be lodged with the Manager FOI to the aforementioned address. The application must be in writing and include among other things details and/or reasons for amendment.
More information in relation to Freedom of Information can be accessed from the Information Commissioner’s website.