Freedom of Information – Information Statement


The Western Australian Freedom of Information Act 1992 (the FOI Act) gives any member of the public a right to access government documents (subject to some limitations). The Art Gallery of Western Australia (AGWA) makes documents available as prescribed in the Act. Further the Act requires that personal information held by AGWA about members of the public is accurate, complete and up-to-date.

For information about the structure and functions of the AGWA please see the Annual Report page on this website.


The types of documents held by AGWA include:
• Emails
• Memorandum
• Papers
• Presentations
• Correspondence
• Diagrams / images / plans
• Orders / invoices
• Contracts
• Manuals
• Diaries
• Policies / guidelines / procedures
• Meeting minutes / agendas

• Publications/catalogues

The public can access a variety of documents through the website, with some publications/catalogues also available for purchase from the Gallery Shop.


Under the Regulations of the Act the Department of Culture and the Arts (DCA) acts in a coordination role for all applications for AGWA.

DCA.wa.gov.au/About-US/freedom-of-information/


Access to documents and information
If you are considering making an application for information from the AGWA, we encourage you to first make contact with the FOI Coordinator, Department of Culture and the Arts;
• in writing PO Box 8349, Perth Business Centre WA 6849;
• by telephone (08) 6552 7300; or
• by email: info@dca.wa.gov.au


The Coordinator will ensure that advice is provided to help you to make an application. Documents may even be made available without having to make an application under the Act.


If you do make an application under the Act for access to records held by AGWA it will be dealt with by the DCA FOI Coordinator.


Applications can be made in writing and posted or emailed.


Address applications to:
FOI Coordinator
Department of Culture & the Arts
PO Box 8349
Perth Business Centre WA 6849
Email: info@dca.wa.gov.au


If you are applying for access to non-personal documents or information then an application fee applies. This fee must be paid before the application is accepted. Information about fees and charges can be found below.


Form of request for access
1. Applicants must submit applications in writing for access to documents under FOI. A letter or email which describes the document/s is sufficient.
2. The letter or email should say that the request is made under the FOI Act and should not form part of a letter or email on another subject. In your application, provide the following:
a. full name;
b. Australian postal address;
c. telephone number or email address;
d. details of document required – be as specific as you can; and form of access desired - i.e. copies of documents, inspection of file or other (specify).


The Department must respond to your FOI application within 45 days.


Correction of Personal Information
Request to correct or amend information about a person in a document held by AGWA must be made in writing. Your request should include:
• full name;
• postal address;
• details on how and why you believe the information to be incorrect; incomplete, misleading or out of date; and
• details on the amendment/s you wish to have made.


Fees and Charges
A scale of fees and charges is set under the FOI Act Regulations. Apart from the application fee for non-personal information, all charges are discretionary. The charges are as follows:
Personal information about applicant    No fee
Application fee (non-personal information)   $30.00


For large or time consuming applications the following charges may apply. Where charges will apply the applicant will be given an estimate of the charges to approve.


Charge for time dealing with application (per hour or pro rata)  $30.00
Access time supervised by staff (per hour or pro rata)    $30.00
Photocopying staff time (per hour or pro rata)  $30.00
Per photocopy   20 cents
Transcribing from tape, film or computer (per hour or pro rata)    $30.00
Duplicating a tape, film or computer information   Actual cost
Delivery, packaging and postage    Actual cost


Deposits
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%.
The charge payable is reduced by 25% for financially disadvantaged applicants or those issued with prescribed pensioner concession cards.


Notice of Decision
You will be provided with a notice of decision as soon as possible, but in any case within 45 days. It will include details such as:
• the date the decision was made;
• the name and the designation of the officer who made the decision;
• if the document is an exempt document, the reason for classifying the matter exempt, or that access is given to an edited document; and
• information on the right to appeal the decision and the procedures to be followed to exercise those rights.


Appeals
Applicants may appeal against a decision for access to documents, the amendment of records, or against the cost levied. The first avenue of appeal is to the DCA Director General, requesting an internal review of the FOI Coordinator's decision. The application for a review must be lodged within 30 days of receiving written notice of the decision. The matter will be reviewed within 15 days of receipt of your appeal. Should you wish to further appeal this decision, you have the right to appeal to the Information Commissioner appointed under the FOI Act.


More information
Contact the DCA FOI Coordinator as above, or have a look at the information available on the Western Australian Office of the Information Commissioner website.

 

Page last updated: 15 July 2016.

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