Freedom of Information

The Western Australian Freedom of Information Act 1992 gives Applicants a legally enforceable right to apply for access to documents held by the Town of Cottesloe. An applicant’s right to seek access cannot be affected by their reasons for wishing to obtain access, and there is no need to demonstrate such.

The Town is required to:

  • Assist those in making an application

  • Assist those in obtaining access to documents at a reasonable cost

  • Ensure that personal information captured in documents is accurate, complete, up-to- date, and not misleading

While the Act provides a general right of access to documents it also recognises some documents require a level of protection, which is applied to those documents that meet the exemption criteria in Schedule 1 of the Freedom of Information Act 1992.

Lodging a Freedom of Information Application

How to Lodge an Application

Requests for information will, if appropriate, be considered in accordance with the Freedom of Information Act 1992. Under this legislation, an application fee must be forwarded with the request in writing.

Access applications must:

  • Be in writing

  • Give enough information so that the documents requested can be identified

  • Give an Australian address to which notices can be sent

  • Be lodged with the Town with any applicable fee payable

Proof of identity may be required. If access to documents is sought on behalf of another person, the Town of Cottesloe will require written authorisation.

Use of the application form is optional:

Online Freedom of Information Application Form

Freedom of Information Application Form

Alternatively, Freedom of Information requests can be submitted by post to to Freedom of Information Coordinator, Town of Cottesloe, 109 Broome Street, COTTESLOE WA 6011 or by email to town@cottesloe.wa.gov.au.

The application is considered as officially lodged when the application fee has been paid and both parties agree on a manageable scope.

Charges

Lodgement Charges

Application fee for personal information (about the applicant)

No Fee

Application fee for non-personal information

$30.00

Processing Charges

Processing the application (per hour, pro rata)

$30.00

Access time supervised by staff (per hour, pro rata)

$30.00

Photocopying staff time (per hour, pro rata)

$30.00

Per photocopy (per page)

$0.20

Transcribing from tape, film or computer (per hour, pro rata)

$30.00

Duplicating a tape, film or computer information 

Actual Cost

Delivery, packaging and postage

Actual Cost

The Town is required to provide the Applicant with an estimated cost should the charges for dealing with the application exceed $25.00.

An advance deposit of 25% of the estimated cost may be required as a sign of good faith that full payment will be provided once the Notice of Decision is issued. This is in accordance with Section 6 of the Freedom of Information Regulations 1993.

For financially disadvantaged applicants or those issued with prescribed pensioner concession cards, the charge payable is reduced by 25% or may be waived in certain circumstances.

Notice of Decision

As soon as possible but in any case within 45 days you will be provided with a notice of decision which will include details such as:

  • The date which the decision was made;

  • The name and the designation of the officer who made the decision.

  • The reason why a document is considered exempt, or the fact that access is given to an edited document.

  • Information on the right of review and the procedures to be followed to exercise those rights.

Review Process

The Freedom of Information Act 1992 provides for a review and appeal process, as follows:

  • Internal Review: If dissatisfied with the Town’s decision, an application for an internal review can be lodged. Internal review applications must be in writing and lodged with the Town within thirty days of being notified of the original decision. There is no charge for an internal review.

  • External Review by the Information Commissioner: If still dissatisfied with the Town’s decision after the internal review has been completed, a review by the Information Commissioner can be sought. External review requests must be made in writing to the Information Commissioner and give details of the application and decision to which the request relates.

Further Information 

Freedom of Information - Information Statement

Office of the Information Commissioner