Appendix 3

Freedom of Information
The Freedom of Information Act (1992), which came into effect on 1 November 1993, created a general right of access to documents held by state and local government agencies.

The Act requires agencies to make available details about the kind of information they hold and enables persons to ensure that personal information held by government agencies about them is "accurate, complete, up to date and not misleading".

Under the Act, agencies are required to publish an annual Information Statement either as a stand-alone document, or in their Annual Report. We have chosen to incorporate our Freedom of Information data in our Annual Report.

The object of the Information Statement is to provide a description of the agency's procedures for giving members of the public access to its documents and the kinds of documents that are usually held by the agency, including documents that may be purchased from the agency or those that may be obtained free of charge. This Information Statement was prepared and is correct as at 30 June 2004.

Applications
Members of the public may submit formal Freedom of Information applications for documents held by the agency, which are not publicly available. A formal application for information must be:

• In writing;
• Give enough information to enable the requested documents to be identified;
• Give an Australian address to which notices can be sent;
• Accompanied by a $30 application fee, unless the information relates to a personal matter, which is free of charge. An additional charge may apply for the processing of non-personal information. The fee is reduced by 25% for pensioners and financially disadvantaged persons; and
• Addressed to our Freedom of Information Coordinator.

Application forms are available from the Department's Internet website at http://www.dpi.wa.gov.au/ Click on "About Us", then "Freedom of Information".

The contact details for the Department for Planning and Infrastructure FOI Coordinator are Ms Norma Lambert, Freedom of Information Coordinator, Department for Planning and Infrastructure, Albert Facey House, 469 Wellington Street, Perth WA 6000.

Processing applications
Our Freedom of Information unit is responsible for processing any applications for the Western Australian Planning Commission (WAPC) and the Department for Planning and Infrastructure.

The Freedom of Information Coordinator is the designated decision-maker for Department for Planning and Infrastructure, and makes recommendations to the WAPC decision-maker.

The unit is the initial contact point for members of the public, applicants, third parties, the Office of the Information Commissioner and other public sector agencies for all matters related to freedom of information.

Under the Act, the agency is required to respond to applications within 45 days of receipt, unless an extension of time is granted. The average time to process applications during 2003-04 was 21 days.

Fees and charges
The rate of fees and charges are set under the Act. Apart from the application fee for non-personal information, all charges are discretionary. Details of fees and charges are listed below:

Personal access to information
Where an applicant is granted permission to inspect documents, a time will be set which is mutually convenient to the applicant and to the agency. Where access to documents is refused, in part or in full, we will notify the applicant of the reasons.

Rights of review
The Act provides that if applicants are dissatisfied with a decision of the Department, there is a process whereby that decision can be reviewed.

In accordance with Section 40 of the Act, internal review applications should be forwarded in writing to the Department within 30 calendar days of the date of decision.

Following an internal review, matters remaining in dispute can be submitted to the Office of the Information Commissioner for "external review". Such applications must be submitted within 60 days from the date of decision.

No fees or charges apply to internal or external reviews.

Statistics for 2003-2004

Public information
The Department for Planning and Infrastructure's publications and technical reports are available from the Department's library and through the Library and Information Service of Western Australia. Many are also available through the Department's website at http://www.dpi.wa.gov.au/, then click on 'Publications'.

Types of non-public information held by the Department for Planning and Infrastructure

• Business operations information
• Administrative information
• Staff information
• Licensing information (driver, vehicle, marine, aircraft)
• Contract information
• Taxi plate information
• Crown land administrative information.

THE WESTERN AUSTRALIAN PLANNING COMMISSION
The Western Australian Planning Commission (WAPC) was established under the Western Australian Planning Commission Act (1995). It has a broad range of responsibilities, including:

• State Planning Strategy
• Statements of planning policy
• Statutory planning
• Region schemes
• Legislation
• Land supply
• Trends in planning.

For the purposes of Freedom of Information, the Department for Planning and Infrastructure and Western Australian Planning Commission are considered one organisation. The Department also manages records on behalf of the WAPC. These records include:

• Development information
• Land subdivision information
• Strata information
• General WAPC information.

Until the WAPC has made a formal decision on land issues, it is agency policy that documents related to that issue are not available to the public.

More information, including the annual report, can be found on the Planning Commission website at http://www.wapc.wa.gov.au/

Department for Planning and Infrastructure website information

Pursuant to Freedom of Information requirements, a wide range of information can be obtained from the Department's website, including organisational structure and functions of the agency; lists of publications available to the public; internal manuals used by staff; methods of formulation of policies; office and library locations; licensing and vehicle examination centre locations, as well as current projects and policies. The website address is http://www.dpi.wa.gov.au/