Freedom of Information Act 1992

Freedom of Information Regulations 1993

Reprint 1: The regulations as at 13 March 2008

 


Guide for using this reprint

What the reprint includes

Endnotes, Compilation table, and Table of provisions that have not come into operation

1.Details about the original regulations and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.

2.Transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.

3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.

Notes amongst text (italicised and within square brackets)

1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).

Notes of this kind may also be at the foot of Schedules or headings.

2.The other kind of editorial note shows something has been —

removed (because it was repealed or deleted from the law); or

omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).

The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.

Reprint numbering and date

1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.

2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.

 

 

 

Reprinted under the Reprints Act 1984 as

at 13 March 2008

Freedom of Information Regulations 1993

CONTENTS

1.Citation1

2.Commencement1

2A.Term used in these regulations1

3.General provisions relating to charges1

4.Application fee (section 12(1)(e))2

5.Charges (section 16(1))2

6.Advance deposits (section 18(1) and (4))2

7.Meaning of “suitably qualified person” (section 28)2

8.Information or details to be included in a complaint (section 66(1)(d))3

9.Prescribed personal details (Schedule 1 clause 3 of the Act)3

10.Specified bodies etc. to be regarded as part of other agencies4

Schedule 1

Schedule 2 — Offices and bodies to be regarded as part of other agencies

Notes

Compilation table19

Defined Terms

 

 

Crest

Reprinted under the Reprints Act 1984 as

at 13 March 2008

Freedom of Information Act 1992

Freedom of Information Regulations 1993

1.Citation

These regulations may be cited as the Freedom of Information Regulations 1993 1.

2.Commencement

These regulations come into operation on the day on which section 10 of the Freedom of Information Act 1992 comes into operation 1.

2A.Term used in these regulations

In these regulations —

non‑personal information means information that is not personal information about the applicant.

[Regulation 2A inserted in Gazette 30 Sep 1994 p. 4983.]

3.General provisions relating to charges

For an applicant who is —

(a)impecunious, in the opinion of the agency to whom the application is made; or

(b)the holder of a currently valid pensioner concession card issued on behalf of the Commonwealth to that person, or any other card which may be prescribed as being a pensioner concession card under the Rates and Charges (Rebates and Deferments) Act 1992,

the charge payable under regulation 5 is reduced by 25%.

4.Application fee (section 12(1)(e))

The fee in column 2 of item 1 of Schedule 1 is prescribed as the application fee payable under section 12(1)(e) of the Act, for an application for non‑personal information.

[Regulation 4 amended in Gazette 12 Nov 1993 p. 6202; 30 Sep 1994 p. 4983.]

5.Charges (section 16(1))

The charges set out in column 2 of item 2 of Schedule 1 are prescribed as payable under section 16(1) of the Act for the purposes set out opposite those charges in column 1 of that item.

[Regulation 5 amended in Gazette 30 Sep 1994 p. 4983.]

6.Advance deposits (section 18(1) and (4))

The amount or rate set out in column 2 of item 3 of Schedule 1 is prescribed as the amount or rate of an advanced deposit which may be payable under section 18 of the Act in the circumstances set out opposite those amounts or rates in column 1 of that item.

[Regulation 6 amended in Gazette 30 Sep 1994 p. 4983.]

7.Meaning of “suitably qualified person” (section 28)

For the purposes of section 28 of the Act —

suitably qualified person means a medical practitioner within the meaning of the Medical Act 1894.

8.Information or details to be included in a complaint (section 66(1)(d))

For the purposes of section 66(1)(d) of the Act, a complaint made against an agency’s decision under section 65(1) of the Act is to be accompanied by a copy of the agency’s notice of it’s decision, unless the decision complained of is the result of the non‑receipt of a decision under section 13(2) of the Act.

9.Prescribed personal details (Schedule 1 clause 3 of the Act)

(1)In relation to a person who is or has been an officer of an agency, details of —

(a)the person’s name;

(b)any qualifications held by the person relevant to the person’s position in the agency;

(c)the position held by the person in the agency;

(d)the functions and duties of the person, as described in any job description document for the position held by the person; or

(e)anything done by the person in the course of performing or purporting to perform the person’s functions or duties as an officer as described in any job description document for the position held by the person,

are prescribed details for the purposes of Schedule 1, clause 3(3) of the Act.

(2)In relation to a person who performs or has performed services for an agency under a contract for services, details of —

(a)the person’s name;

(b)any qualifications held by the person relevant to the person’s position or the services provided or to be provided pursuant to the contract;

(c)the title of the position set out in the contract;

(d)the nature of services to be provided and described in the contract;

(e)the functions and duties of the position or the details of the services to be provided under the contract, as described in the contract or otherwise conveyed to the person pursuant to the contract; or

(f)anything done by the person in the course of performing or purporting to perform the person’s functions or duties or services, as described in the contract or otherwise conveyed to the person pursuant to the contract,

are prescribed details for the purposes of Schedule 1, clause 3(4) of the Act.

[Regulation 9 inserted in Gazette 30 Sep 1994 p. 4983‑84.]

10.Specified bodies etc. to be regarded as part of other agencies

Under Schedule 2, clause 2(4) of the Act, it is declared that the office or body set out in column 2 of Schedule 2 to these regulations is not to be regarded as a separate agency, but is to be regarded as a part of the agency set out opposite that office or body in column 1 of Schedule 2 to these regulations.

[Regulation 10 inserted in Gazette 30 Sep 1994 p. 4984.]

 

Schedule 1

[Heading amended in Gazette 30 Sep 1994 p. 4984.]

[regulation 4, 5 and 6]

Column 1Column 2

1.Type of Fee$

Application fee under section 12(1)(e) of the Act (for an

application for non‑personal information)...........................30

2.Type of Charge$

(a)Charge for time taken by staff dealing with the
application (per hour, or pro rata for a part of an hour)...........................................................................30

(b)Charge for access time supervised by staff (per
hour, or pro rata for a part of an hour)......................30

plus the actual additional cost to the agency
of any special arrangements (eg. hire of
facilities or equipment).

(c)Charges for photocopying — 

(i)per hour, or pro rata for a part of an hour of
staff time;.........................................................30

and

(ii)per copy ..........................................................0.20

(d)Charge for time taken by staff transcribing
information from a tape or other device (per hour,
or pro rata for a part of an hour) ..............................30

(e)Charge for duplicating a tape, film or computer
information................................................................Actual Cost

(f)Charge for delivery, packaging and postage.............Actual Cost

3.Advance Deposits

(a)Advance deposit which may be required by an
agency under section 18(1) of the Act, expressed
as a percentage of the estimated charges which
will be payable in excess of the application fee........25%

(b)Further advance deposit which may be required
by an agency under section 18(4) of the Act,
expressed as a percentage of the estimated
charges which will be payable in excess of the
application fee............................................................75%

[Schedule 1, formerly Schedule, amended in Gazette 12 Nov 1993 p. 6202; 30 Sep 1994 p. 4984.]

Schedule 2 — Offices and bodies to be regarded as part of other agencies

[r. 10]

[Heading inserted in Gazette 28 Dec 2007 p. 6415.]

Column 1
Agency

Column 2
Office or body

Department for Child Protection

Adoption Applications Committee

Case Review Panel

Department for Communities

Care for Children and Young People Advisory Committee

Office for Children and Youth

Office of Multicultural Interests

Office for Seniors Interests and Volunteering

Office for Women’s Policy

Department for Planning and Infrastructure

Araluen Botanic Park Board

Government Domain Reserve Board

Pastoral Lands Board

Swan Valley Planning Committee

WA Bicycle Committee (WABC)

Walking WA Committee

Western Australian Coastal Shipping Commission (Stateships)

Western Australian Marine Act Manning Committee

Western Australian Mercantile Marine Disciplinary Appeal Tribunal

Western Australian Planning Commission

Department of Agriculture and Food

Agricultural Practices Board

Agricultural Produce Commission

Agriculture Protection Board of Western Australia

Albany Zone Control Authority

Artificial Breeding Board

Ashburton Land Conservation District Committee

Beverley Land Conservation District Committee

Binnu Land Conservation District Committee

Boyup Brook Land Conservation District Committee

Bridgetown ‑ Greenbushes Land Conservation District Committee

Brookton Land Conservation District Committee

Broome Land Conservation District Committee

Broomehill Land Conservation District Committee

Bruce Rock Land Conservation District Committee

Bunbury Zone Control Authority

Buntine West Wubin Land Conservation District Committee

Burakin ‑ Bunketch Land Conservation District Committee

Cadoux/Manmanning Land Conservation District Committee

Capel Land Conservation District Committee

Carlecatup Land Conservation District Committee

Carnamah Land Conservation District Committee

Carnarvon Land Conservation District Committee

Carnarvon Zone Control Authority

Cattle Industry Compensation Act Research Fund Advisory Committee

Chapman Valley Land Conservation District Committee

Chicken Meat Industry Committee

Chittering Valley Land Conservation District Committee

Collie Land Conservation District Committee

Coolup Land Conservation District Committee

Cuballing Land Conservation District Committee

Cue Land Conservation District Committee

Cunderdin Land Conservation District Committee

Dardanup Land Conservation District Committee

Denmark Land Conservation District Committee

Dowerin Land Conservation District Committee

Dumbleyung Land Conservation District Committee

East Ballidu Land Conservation District Committee

East Gillingarra Land Conservation District Committee

East Pilbara Land Conservation District Committee

East Yornaning Land Conservation District Committee

Esperance Land Conservation District Committee

Esperance Zone Control Authority

Frankland Below Gordon Land Conservation District Committee

Fruit Growing Industry Trust Fund Committee

Gascoyne Ashburton Head Waters Land Conservation District Committee

Gascoyne/Wooramel Land Conservation District Committee

Geraldton Zone Control Authority

Gingin Land Conservation District Committee

Gnowangerup Land Conservation District Committee

Goomalling Land Conservation District Committee

Grain Licensing Authority

Halls Creek ‑ East Kimberley Land Conservation District Committee

Hay River Land Conservation District Committee

Irwin Land Conservation District Committee

Jerramungup Land Conservation District Committee

Jerramungup Zone Control Authority

Kalannie/Goodlands Land Conservation District Committee

Kalgan Land Conservation District Committee

Kalgoorlie Land Conservation District Committee

Kalgoorlie Zone Control Authority

Katanning Land Conservation District Committee

Katanning Zone Control Authority

Kellerberrin Land Conservation District Committee

Kent River Land Conservation District Committee

Kimberley Zone Control Authority

Kojonup Land Conservation District Committee

Koorda Land Conservation District Committee

Kulin Land Conservation District Committee

Lake Grace Zone Control Authority

Lower Blackwood Land Conservation District Committee

Lyndon Land Conservation District Committee

Manjimup Land Conservation District Committee

Manjimup Zone Control Authority

Manypeaks Land Conservation District Committee

Meekatharra Land Conservation District Committee

Meekatharra Zone Control Authority

Merredin Land Conservation District Committee

Merredin Zone Control Authority

Midland Zone Control Authority

Miling Land Conservation District Committee

Mingenew Land Conservation District Committee

Minyulo/Dandaragan Land Conservation District Committee

Mobrup Land Conservation District Committee

Mogumber Land Conservation District Committee

Moora Zone Control Authority

Morawa Land Conservation District Committee

Mount Magnet Land Conservation District Committee

Mount Marshall Land Conservation District Committee

Mukinbudin Land Conservation District Committee

Mullewa Land Conservation District Committee

Murchison Land Conservation District Committee

Napier River Land Conservation District Committee

Narembeen Land Conservation District Committee

Narrogin Land Conservation District Committee

Narrogin Zone Control Authority

Newdegate Land Conservation District Committee

Ninan Land Conservation District Committee

North Eastern Goldfields Land Conservation District Committee

North Kimberley Land Conservation District Committee

North Stirlings Land Conservation District Committee

Northam Land Conservation District Committee

Northam Zone Control Authority

Nugadong West Land Conservation District Committee

Nullarbor/Eyre Highway Land Conservation District Committee

Nungarin Land Conservation District Committee

Nyabing/Pingrup Land Conservation District Committee

Perenjori Land Conservation District Committee

Piawaning ‑ Yerecoin Land Conservation District Committee

Pilbara Zone Control Authority

Pingaring Land Conservation District Committee

Pingelly Land Conservation District Committee

Pithara ‑ Dalwallinu Land Conservation District Committee

Potato Marketing Corporation of Western Australia

Quairading Land Conservation District Committee

Quairading Soil Conservation District Advisory Committee

Ravensthorpe Land Conservation District Committee

Roebourne ‑ Port Hedland Land Conservation District Committee

Rural Business Development Corporation

Sandstone Land Conservation District Committee

Serpentine/Jarrahdale Land Conservation District Committee

Shark Bay Land Conservation District Committee

South Mogumber Land Conservation District Committee

Stirling Land Conservation District Committee

Sussex Land Conservation District Committee

Tambellup Land Conservation District Committee

Tammin Land Conservation District Committee

Three Springs Land Conservation District Committee

Three Springs Zone Control Authority

Toodyay Land Conservation District Committee

Trayning Land Conservation District Committee

Tunney Land Conservation District Committee

Upper Gascoyne Land Conservation Committee

Vasse ‑ Wonnerup Land Conservation District Committee

Veterinary Surgeons Board

Waddi Forest Land Conservation District Committee

Wagin Land Conservation District Committee

Walpole ‑ Tingledale Land Conservation District Committee

Waroona Zone Control Authority

Watheroo ‑ Coomberdale Land Conservation District Committee

Wellesley Land Conservation District Committee

Wellstead Land Conservation District Committee

West Arthur Land Conservation District Committee

West Ballidu Land Conservation District Committee

West Kimberley Land Conservation District Committee

West Koojan Gillingarra Land Conservation District Committee

West Maya Land Conservation District Committee

West Mount Barker Land Conservation District Committee

Western Australian Meat Industry Authority

Westonia Land Conservation District Committee

Wickepin Land Conservation District Committee

Wiluna Land Conservation District Committee

Woodanilling Land Conservation District Committee

Wooroloo Land Conservation Committee

Wyalkatchem Land Conservation District Committee

Yalgoo Land Conservation District Committee

Yallingup Land Conservation District Committee

Yilgarn Land Conservation District Committee

York Land Conservation District Committee

Department of Consumer and Employment Protection

Board of Examiners (Coal Mining)

Board of Examiners (Mine Managers and Underground Supervisors)

Board of Examiners (Quarry Managers)

Charitable Collections Advisory Committee

Coal Industry Tribunal of Western Australia

Commission for Occupational Safety and Health

Consumer Products Safety Committee

Electrical Licensing Board

Land Valuers Licensing Board

Mines Survey Board

Mining Industry Advisory Committee

Motor Vehicle Industry Board

Plumbers Licensing Board

Retail Shops Advisory Committee

WorkSafe

Department of Corrective Services

Prison Officers Appeal Tribunal

Department of Culture and the Arts

Art Gallery Board of Western Australia

Art Gallery Foundation

Art Gallery of Western Australia

ArtsWA Peer Assessment Panel – Designer Fashion

ArtsWA Peer Assessment Panels – Arts Development

ArtsWA Peer Assessment Panels – Contemporary Music

ArtsWA Peer Assessment Panels – Indigenous Arts

ArtsWA Peer Assessment Panels – Young People and the Arts

Community Cultural and Arts Facilities Fund Assessment Panel

Library Board of Western Australia

Perth Theatre Trust

Perth Theatre Trust Board

Screen West

Screen West Board

State Library of Western Australia

State Records Advisory Committee (SRAC)

State Records Commission

State Records Office

Swan Bells Foundation

Western Australian Museum

Western Australian Museum Board

Western Australian Museum Foundation

Department of Education and Training

Aboriginal Education and Training Council

Country High Schools Hostels Authority

Division of Industrial Training

Non‑Government Schools Planning Advisory Committee

Public Education Endowment Trust (PEET)

Rural and Remote Education Advisory Council

State Training Board

Training Accreditation Council

Western Australian Higher Education Council

Department of Environment and Conservation

Cockburn Sound Management Council

Conservation Commission of Western Australia

Contaminated Sites Committee

Environmental Protection Authority

Keep Australia Beautiful Council

Marine Parks and Reserves Authority

Marine Parks and Reserves Scientific Committee

Office of the Appeals Convenor

Swan River Trust

Waste Management (WA)

Waste Management Board

Department of Fisheries

Abrolhos Islands Management Advisory Committee

Aquaculture Development Council

Pearling Industry Advisory Committee

Recreational Fishing Advisory Committee

Rock Lobster Industry Advisory Committee

Department of Health

Aged Care Advisory Panel

Anaesthetic Morality Committee

Dental Charges Committee

Dental Prosthetists Advisory Committee

Fluoridation of Public Water Supplies Advisory Committee

Food Advisory Committee

Local Health Authorities Analytical Committee

Maternal Mortality Committee

Perinatal and Infant Mortality Committee

Pesticides Advisory Committee

Western Australian Reproductive Technology Foundation

Department of Housing and Works

Aboriginal Housing and Infrastructure Council

Architects Board of Western Australia

Building and Construction Advisory Council

Building Regulations Advisory Committee

Country Housing Authority

Keystart Board of Directors

Municipal Building Surveyors Qualifications Committee

Public Housing Review Panel

Regional Appeals Committee

Western Australian Building Management Authority

Department of Indigenous Affairs

Aboriginal Cultural Material Committee

Aboriginal Lands Trust

Department of Industry and Resources

Centre of Excellence State Funding Advisory Committee

Coal Miners Accident Relief Fund Trust

Coal Miners Welfare Board

Miners Phthisis Board

Office of Science, Technology and Innovation

Oil and Gas Industry Advisory Council

Western Australian Manufacturing Industry Council

Department of Local Government and Regional Development

Caravan Parks and Camping Grounds Advisory Committee

Control of Vehicles (Off‑road Areas) Act Advisory Committee

Local Government Advisory Board

Regional Development Council

Rural, Remote and Regional Women’s Network

WA Local Government Grants Commission

WA Telecentre Advisory Board

Western Australian Local Government Grants Commission

Department of Racing, Gaming and Liquor

Gaming and Wagering Commission of Western Australia

Gaming Community Trust

Problem Gambling Support Services Committee

Racing Penalties Appeal Tribunal

Department of Sport & Recreation

Premier’s Physical Activity Taskforce

Department of the Attorney General

Appeals Costs Board

Chief Assessor and Assessors under the Criminal Injuries Compensation Act 1985

Children’s Court of Western Australia

Coroner’s Court of Western Australia

Family Court of Western Australia

Gender Reassignment Board

Law Reporting Advisory Board

Magistrates Court

Mentally Impaired Accused Review Board

Professional Standards Council

Supreme Court of Western Australia

The District Court of Western Australia

Department of the Premier and Cabinet

Completed Royal Commissions

Constitutional Centre

Constitutional Centre of Western Australia Advisory Board

European, North Asia and Middle East Offices

Office of e‑Government

Office of Road Safety

Office of the Premier

State Law Publisher

Department of Treasury and Finance

Anzac Day Trust

Office of Shared Services

Department of Water

Avon Waterways Committee

Broome Groundwater Advisory Committee

Canning – Wungong – Southern River Irrigation Advisory Committee

Carnarvon Water Allocation Advisory Committee

Cockburn Sound Management Council

Collie Salinity Catchment Recovery Committee

Engineering Evaluation Initiative Steering Committee

Flood Warning Consultative Committee

Flood Warning Operations Group

Geographe Bay Catchment Council (GeoCatch)

Gingin Water Resources Advisory Committee

Gnangara Coordinating Committee

Kent Recovery Committee

Leschenault Catchment Council

Peel Inlet Management Council

Premier’s Water Foundation

South West Coastal Groundwater Advisory Committee

South West Water Forum

Swan Groundwater Advisory Committee

Wanneroo Groundwater Advisory Committee

Warren Salinity Catchment Recovery Team

Warren Water Management Area Advisory Committee

Water Resource Allocation Committee

Whicher Water Resource Management Group

Disability Services Commission

Advisory Council for Disability Services

Minister for the Environment

Appeals Convenor for the Environmental Protection Act 1986

Office of Energy

Aboriginal and Remote Communities Power Supply Steering Committee

Advisory Committee for Wind‑up of the Perth International Centre for the Application of Solar Energy

Ministerial Advisory Committee on Electricity Supply

Perth International Centre for Application of Solar Energy

State Underground Power Steering Committee

Public Transport Authority of Western Australia

Railway Appeal Board

Western Australia Industrial Relations Commission

Board of Reference (Construction Industry Portable Paid Long Service Leave Act 1985)

Board of Reference (Industrial Relations Act 1979)

Board of Reference (Long Service Leave Act 1958)

Department of the Registrar, Western Australian Industrial Relations Commission

Industrial Magistrates Court

Occupational Safety and Health Tribunal

Public Service Appeal Board

Public Service Arbitrator

Railways Classification Board

Special Board of Reference (Long Service Leave Standard Provisions)

WA Industrial Appeal Court

Western Australia Police

Community Safety and Crime Prevention Council

Police Appeal Board

Western Australian Police Historical Society

Western Australian Land Information Authority (Landgate)

Geographic Names Committee

Land Board

Land Surveyors Development Board

Land Surveyors Licensing Board

Pastoral Board

Valuer General’s Office

WorkCover Western Australia Authority (Workcover WA)

Dispute Resolution Directorate

[Schedule 2 inserted in Gazette 28 Dec 2007 p. 6415‑23.]

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Notes

1This reprint is a compilation as at 13 March 2008 of the Freedom of Information Regulations 1993 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation

Gazettal

Commencement

Freedom of Information Regulations 1993

22 Oct 1993 p. 5800‑2

1 Nov 1993 (see r. 2 and Gazette 29 Oct 1993 p. 5881)

Freedom of Information Amendment Regulations 1993

12 Nov 1993 p. 6202

12 Nov 1993

Freedom of Information Amendment Regulations 1994

30 Sep 1994 p. 4982‑94

30 Sep 1994

Freedom of Information Amendment Regulations 1996

27 Sep 1996 p. 4790‑1

27 Sep 1996

Freedom of Information Amendment Regulations 1997

2 Sep 1997 p. 4976‑7

2 Sep 1997

Freedom of Information Amendment Regulations 2006

22 Dec 2006 p. 5805‑6

1 Jan 2007 (see r. 2 and Gazette 8 Dec 2006 p. 5369)

Freedom of Information Amendment Regulations 2007

28 Dec 2007 p. 6414‑23

28 Dec 2007 (see r. 2)

Reprint 1: The Freedom of Information Regulations 1993 as at 14 Mar 2008 (includes amendments listed above)

 

 

Defined Terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined TermProvision(s)

non‑personal information2A

suitably qualified person7

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By Authority: JOHN A. STRIJK, Government Printer