The Freedom of Information Act, 1992 (FOI Act) relates to access to documents where there is no alternative access procedure in place.
As the FOI Act is not the only process through which Western Australia Police documentation can be released to the public, prior to lodging a Freedom of Information access application, you should contact your local police station to ascertain whether an existing procedure for release of that information is already in place.
Documents such as National Police Certificates, Traffic Certificates (previously known as Police Clearance Certificates), limited permissible motor vehicle crash and offence information can be released upon payment of a prescribed fee. To obtain a National Police Certificate, please attend an Australia Post outlet.
More information about National Police Certificates
What information can be accessed
As the primary law enforcement agency in the state, WA Police has an array of documents for research purposes. Many other records are created for, or have specific application to, the various functional units represented in our organisation. Some documents are created as a result of an incidence requiring police attendance.
How to apply for documents
Should you require access to documents created by WA Police under the FOI Act, your application should be directed to the Information Release Centre. Please be aware that no information can be released over the telephone, via email or via Internet services.
Your application should include as much information as possible as this will help us locate relevant documentation.
If you are not applying online, send your completed request form to:
FOI Coordinator
Information Release Centre
Locked Bag 35
Perth Business Centre, WA, 6849
Tel: (08) 9268 7777
Email us
Application content
You are not required to use a form to request information from us; you may choose to write a letter. If you choose to write an application letter, it should include the following information:
- Your name and other relevant names involved
- Your postal address (must be an address in Australia)
- Date of incident – if relevant
- Location of incident – if relevant
- Nature of incident
- Incident or traffic crash reference number
- Name of attending Police Officers (if known)
- Application fee – $30 if applicable
Initial application fees
Where the request is for non-personal information that may contain personal information about a third party (other than the applicant), there is a $30 application fee. This payment is required at the time of lodging the request. If lodging in person, this fee may be in cash, cheque or money order. If you are mailing your application in, please include a cheque / money order made payable to the Commissioner of Police. A non-personal application without the prescribed fee is considered invalid. Hence, you will receive a letter requesting payment within 14 days otherwise your application will be deemed invalid and your application will not be proceeded with. You will also need to provide proof of ID Primary/Secondary by means of your driver's licence or passport etc.
| Fees for finalised applications |
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Access to personal information or request to amend personal information
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Free
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Application Fee – non-personal information
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$30.00
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Processing Fee – non-personal information
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$30.00 per hour
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Photocopying Fee
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.20c per page
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Where the FOI processing fees are likely to exceed $25.00, FOI Staff will provide you with an 'Estimate of Costs'. This will provide an estimation of additional charges together with a schedule of documents. This process will enable you to reduce the charges by reducing the number of documents required to satisfy your application.
Notice of the decision
Once your application has been evaluated, we will issue a 'Notice of Decision' advising you in the manner in which access has been provided under the FOI Act; which may consist of the following:
- Full access
- Partial access (edited format)
- Refused access
This notification will also include an advice on any further charges that may be incurred related as a result of your application.
Time frame for application completion
The FOI Act provides a 45 day timeframe from the date a valid application has been received; however this timeframe may be extended by agreement with the agency and the applicant. If the application is extensive we may contact you to discuss the application.
Exemptions
The FOI Act contains exemptions to protect certain information and documents from disclosure. For example, these exemptions may be applied to protect the privacy of individuals and/or sensitive law enforcement, public safety and property security activities.
We embrace the transparency that the FOI Act requires, however, in the whole of community interest; the following areas within the WA Police are listed under Schedule 2 of the Act as exempt agencies and pursuant to s10 of the Act access provisions do not apply;
- State Intelligence Division (formerly Bureau of Criminal Intelligence)
- Tactical Protection Division (formerly Protective Services Unit)
- Witness Security Unit
- Internal Affairs Unit
Further, exemptions apply to documents originating from a Commonwealth intelligence or security agency.
Appealing a decision
If you are not satisfied with a decision that has been made you may make an application for an Internal Review. This should be lodged in writing to us within 30 days after you receive the Notice of Decision. An independent officer of Inspector rank or above will then undertake an internal review of your application and a review decision will be made within 15 days of receiving your written request or an alternative agreed period.
Should you not be satisfied with this review, you may apply within 60 days of the agency's final decision to the Office of the Information Commissioner to have the matter reviewed externally.
Amending personal information
Under the FOI Act you have a right to apply to amend your personal information that is contained in a document of WA Police, if the information is inaccurate, incomplete, out of date or misleading
Your application to amend personal information should be submitted in accordance with Section 46 (1) of the Freedom of Information Act 1992. It must:
- be in writing
- give enough details that to enable the document that contains the information to be identified
- give details of matters in relation to which the person believes the information is inaccurate, incomplete, out of date or misleading
- give the person's reasons for holding that belief
- give details of the amendment that the person wishes to have made
- give an address in Australia to which notices under this Act can be sent
- give any other information or details required under the regulations
- be lodged at an office of the agency
The new application must state whether the amendment is made by:
- altering information;
- striking out or deleting information;
- inserting information;
- inserting a note in relation to information; or
- in two or more of those ways
Office of the Information Commissioner
The Information Commissioner is an independent officer who reports directly to Parliament. The main function of the Office of the Information Commissioner is to deal with complaints about decisions made by agencies in respect of access applications and applications for the amendment of personal information under the FOI Act.
Other responsibilities include:
- Ensuring that agencies are aware of their responsibilities under the FOI Act.
- Ensuring that members of the public are aware of the FOI Act and their rights.
- Providing assistance to Members of the public and agencies on matters relevant to the FOI Act.
- Recommending to Parliament legislative or administrative changes that could be made to help the objectives of the FOI Act be achieved.
Office of the Information Commissioner
12th Floor
St Martin's Tower
44 St Georges Terrace
Perth WA 6000
Tel: (08) 9220 7888
Toll Free: 1800 621 244 (Western Australia only)
Fax: (08) 9325 2152
info@foi.wa.gov.au
www.foi.wa.gov.au
More information:
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