Department of Corrective Services

The Western Australian Freedom of Information Act 1992 gives all West Australians a right to access information held by the Department.

The information statement as required by the Freedom of Information Act 1992 is incorporated in the Department's Handbook.

Requests for information under the Western Australian FOI Act must be in writing; accompanied by a $30 application fee; and addressed to:

Manager, FOI Branch
Department of Corrective Services
Locked Bag 22 Cloisters Square
PERTH WA 6850

No fee or charge is payable for an application for personal information. All applications relating to personal information must be in writing.

Personal information can be:

• factual or routine information, for example, date of birth, length of employment, qualifications
• opinions or evaluative material such as advice or recommendations of a third party, eg, records of interviews, material in personnel records.

Under the Act, the Department is required to process requests for information within 45 days of receiving the application. While the Act encourages open government through the release of documents and information, there is provision under Section 23 to refuse access on a range of grounds. Applicants have a right of appeal in these cases, initially to the Department and subsequently to the Information Commissioner.

The applicant will receive in writing, notice of the Department's decision relating to the request. The notice will include the following information:

• date of the decision
• name and designation of the decision-maker
• reasons for deleting any matter
• reasons for deferring access
• arrangements for giving access
• reasons for refusing access to any matter
• the amount and basis for any charges levied
• the rights of review and procedures to be followed.

If the applicant is aggrieved with a decision made by the Department, they have the right to submit a written request for a review of that decision. This must be done within 30 days after being given notice of the decision. The review is to be conducted by a person other than the person who made the original decision and who is not subordinate to that person. The agency must respond with a written notice of decision within 15 days and no fees are involved.

If the applicant is still aggrieved, they may lodge a written complaint to the office of the Information Commissioner within 60 days following the internal review decision (30 days for third parties). The commissioner's decision is final unless an appeal is made to the Supreme Court on a question of law.

A person can apply to amend personal information in a document held by the Department. This provision exists to ensure the Department does not unfairly harm the person referred to, misrepresent facts about them or does not give a misleading impression.

Applicants must provide details and, if necessary, documentation in support of their claim to amend inaccurate, incomplete, out of date or misleading information.

In addition, applicants must indicate how they want the amendment to be made within the options set out in the Act, including:

• altering information
• striking out or deleting information
• inserting information
• inserting a note in relation to information.

The Department can apply the following charges when processing an FOI application:

• charge for time taken dealing with the application - $30 per hour
• charge for access time supervised by staff - $30 per hour
• charges for photocopying - $30 per hour for staff time; and 20c per copy
• charges for staff time in transcribing information from a tape or other device - $30 per hour
• charge for duplicating a tape, film or computer information - actual cost
• charge for delivery, packaging and postage - actual cost.

In cases where charges levied are expected to be higher than $25, the applicant will be provided with an estimate of charges as soon as possible after receipt of the application. The Department reserves the right to request an advance deposit. A reduction in charges may be sought in the case of financial hardship.

To inspect Department information available to the public, or for assistance with your request, contact the Manager, Freedom of Information Branch

All forms can be filled in online, then printed and forwarded to the relevant address.

Freedom of Information Branch
141 St Georges Terrace
PERTH WA 6000
Telephone: (08) 9264 1133
Facsimile: (08) 9481 8504
Contact Freedom of Information (DCS)