Freedom of Information
A legal right of access is provided to documents held by all State and Local Government agencies by the Western Australian Freedom of Information Act 1992.
The Freedom of Information Act 1992 describes the type of information that agencies are required to publish in their Information Statement on an annual basis.
In compliance, Landgate’s Information Statement is incorporated within the Annual Report.
Requests for access to documents should be made, in the first instance, to the Customer Service Officers at the agency’s public counter.
Often material may be made available without the need to formalise a request under Freedom of Information.
A formal FOI application is required to access documents that are not available as part of the normal course of business.
Lodgement of FOI Applications
FOI applications, payments, correspondence and general enquiries should be directed to:
PO Box 2222
Midland WA 6936
Telephone (08) 9273 7565
Facsimile (08) 9273 7666
FOI application form
Fees and Charges
The rate of fees and charges are set under the FOI Act.
Application fee for non-personal information is $30.00.
There are no fees for applications for personal information about the applicant.
Charges for dealing with the application are set at a standard rate of $30.00 per hour, or pro rata for a part of an hour.
Charges for supervising inspection of documents are set at a standard rate of $30.00 per hour, or pro rata for a part of an hour.
Charges for photocopying are $30.00 per hour for staff time and 20c per copy.
Charges for time taken by staff transcribing information from a tape or other device are set at a standard rate of $30.00 per hour, or pro rata for a part of an hour.
Charges for duplicating a tape, film or computer information will be the actual cost.
Charges for delivery, packaging and postage will be the actual cost.
Processing of FOI applications is coordinated centrally while initial decision making is generally decentralised to the managers responsible for the issue in question, due to their knowledge of current action.
Notice of Decision
Applicants are provided with written notice of the agency’s decision including 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; and
the rights of review and procedures to be followed.
If the applicant or third party is aggrieved with a decision made by the agency, 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 will be conducted by a person other than the person who made the original decision, is not subordinate to that person, and is usually a member of the Legal Services Section.
The agency must respond with a written notice of decision within 15 days.
There is no lodgement fee payable for internal reviews.
If the applicant or third party 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.
Amendment of Personal Information
Personal information held on the public registers maintained by the agency in accordance with statutes, such as Land Title Registers maintained under the Transfer of Land Act, may be amended in accordance with procedures set out in the legislation.
Other personal information held on agency records may be amended by application to the FOI Coordinator.
This provision exists to ensure the agency does not unfairly harm the person referred to, misrepresents 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.