Freedom of information
The Western Australian Freedom of Information Act 1992 (FOI Act) gives you the right to apply for access to documents held by the Department.
If you wish to find out how to apply under the provisions of the Freedom of Information (FOI) Act to be given access to information held within the Department and what the fees involved are, these are the steps that you need to take. Under section 12 of the FOI Act all these points must be satisfied to make the application valid.
The Western Australian Freedom of Information Act 1992 (the FOI Act) gives you the right to apply for access to documents held by the Department.
We will help you to obtain access to documents at the lowest reasonable cost, and ensure that personal information we hold is accurate, complete, up-to-date and not misleading.
Your right to apply is not affected by any reasons you have for wishing to obtain access. The kinds of documents to which you may request access include paper files, computer records, maps, plans, photographs, tape recordings, films, video tapes and electronically stored information.
The Freedom of Information Act 1992 is available for download from the Parlimentary Counsel's Office website.
|Department of Justice: The Western Australian Freedom of Information Act 1992|
Find out answers to frequently asked questions about freedom of information including:
- What to do if my personal information held by DoT is wrong.
- Restrictions on third party access to personal details.
- Getting copies of telephone calls, CCTV, or documents held by the DoT.
|Freedom of information: Frequently Asked Questions||Kb|
To assist you in finding the information you need, the Department for has prepared an information statement. The statement describes:
- The structure and functions of the Department.
- The ways in which the functions of the Department affect members of the public.
- Any arrangements that exist to enable members of the public to participate in the formulation of the Department's policy and the performance of the Department's functions.
- The types of documents that are usually found at the Department.
- The Department's arrangements for giving members of the public access to documents including details of library facilities.
You can download the information statement below.
|Freedom of information: Information statement||Kb|
An application has to:
- Be in writing (we prefer if you use our application form)
- Give enough information to enable the requested documents to be identified.
- Give an address in Australia to which notices under the Act can be sent.
- Give any other information or details required under the regulations.
- Be lodged at an office with any application fee payable under the regulations (see Step 3: Fees and charges).
Personal versus Non-Personal applications
There are two types of applications that can be made using the Freedom of Information process;
- Personal applications and;
- Non-Personal applications.
Determining if your application is Personal or Non-Personal
Personal applications: Documents relating to yourself (e.g. driver's licence record, address history, details of employment) or you can request amendment of your personal record.
An applicant seeking access to personal information about him/herself must also provide documentary proof to establish their identity before the information will be released (e.g. a passport or drivers licence).
No FOI application fee applies for access to personal information or amendment of personal information about yourself (e.g. drivers licence details, address history, details of employment etc.), but proof of identity must be supplied.
Non-Personal applications: Documents that are not about yourself (e.g. details relating to motor vehicles including transfer papers, policy documents, briefing notes etc).
An applicant seeking access to non-personal information is required to pay the FOI application fee (see Step 3: Fees and charges).
Note: If your application is on behalf of a third party (for example a client or associate), you must provide evidence of authority to act on their behalf.
What type of documents can be provided?
You can request access to copies of documents by way of hard copies, audio or video tapes, maps and plans, transcripts of a recorded documents or photographs.
Where the agency is unable to grant access in the form requested, access may be given in a different form. You must specify what access you require on the application form.
What will a Notice of Decision contain?
We will provide the following information:
- The applicant's right to a review of the decision and the process involved in seeking that review.
- Full details of the decision to either give or deny access.
- The date of the decision.
- Name of decision-makers.
- Any reasons for exemptions including the applicable clause in the Act that relates to that exemption.
- If giving access to an edited copy, state the reasons why the material is to be edited.
- If deferring access, state the reasons why the matter is being deferred.
- State the arrangements for giving access.
How long will the Freedom of Information application take to process?
The Freedom of Information Act 1992 requires that a Notice of Decision must be provided to the applicant within 45 calendar days of the date of receiving an FOI Application. It does not mean it will take 45 days for you to receive a response.
Although it is not a requirement to use the Freedom of Information application form to submit your access application; this is our preferred method. The Freedom of Information application form can be found below. You may also obtain a paper copy of the form from any of our offices, or by contacting the FOI Coordinator (please see Step 4 below).
|Freedom of information: Application for access to documents||Kb|
Fees and charges
Fees and charges fall into the following categories:
- Personal applications: no application fee required.
- Non-Personal applications: require an application fee to be paid when the application is lodged.
Processing fees which include decision-making, any consultation (with third parties), preparing a notice of decision and if necessary photocopying. A fee per hour may be charged for staff time taken to deal with each application. In addition a charge for photocopying may be charged.
Actual costs to the Department for postage, special arrangements for access and for specialised access such as reproductions may also be charged.
Note: You will be notified if there are any additional charges to be included.
There is a 25% reduction of charges for financially disadvantaged applicants, or those in receipt of Health Benefits. The 25% reduction does NOT apply to the application fee.
Freedom of Information (FoI) fees
|Freedom of information (FOI): Personal information about applicant||No fee|
|Freedom of information (FOI): Application fee, for non-personal information||$30.00|
|Freedom of information (FOI): Charge for time taken dealing with the application||$30.00 |
|Freedom of information (FOI): Charge for access time supervised by staff||$30.00 |
|Freedom of information (FOI): Charges for photocopying||$30.00 |
How to pay online with BPoint
- BPoint payments may be made online using a valid credit card.
- When paying with BPoint, please ensure that you include the receipt number in your FOI application form. The receipt number is your proof of payment.
How to pay by cheque or money order
- Cheques or Money Orders must be made payable to the 'Department of Transport'.
- Please attach the cheque to your completed FOI application form and send to the postal address shown in Step 4.
Cases when fees do not apply
No fees are applicable for:
- Internal or external reviews.
- Personal information or amendment of personal information about yourself (e.g. address history, your details of employment etc.).
When you are ready to submit your application (ensuring that you have included supporting documentation as required and payment if required), it can be submitted through the below points of contact.
Information and advice on the FOI process is also available by contacting us using the below details.
For information and advice on the FOI process please contact:
|Street address||Postal address|
Department of Transport,
140 William Street,
Perth WA 6000
Department of Transport,
GPO Box C102,
Perth WA 6839