Freedom of Information (FOI)
Access to Information
The Freedom of Information Act 1992 (FOI Act) allows members of the public to access documents held by the Shire of Donnybrook Balingup (the Shire). The FOI Act also allows the public to ensure their personal information held by the Shire is accurate, complete, up to date and not misleading.
More information about FOI can be found on the Office of the Information Commissioner for Western Australia website.
If information is available under other legislation, then it should be obtained under that legislation rather than FOI. Examples include:
- Building plans, building permits via Building Act 2011
- Employee records via Industrial Relations Act 1979
- Documents available for inspection via Local Government Act 1995 (LG Act)
How to Apply
We aim to make information readily available at the least possible cost – where possible, prior to submitting an official request, we encourage you to speak with the Shire’s FOI Coordinator to see if the information is accessible outside the Act. If the information isn’t available this way, the FOI Coordinator will explain the formal process and help you in lodging your application.
All formal applications must be in writing and cannot be accepted by phone.
Applications can be lodged by completing our Freedom of Information (FOI) Application Form, available via the link below, and emailing it to shire@donnybrook.wa.gov.au or in hard copy at the Shire Administration Office.
Before you start
You will need to provide enough information about the documents to assist us to process your request - the more specific an application is, the quicker the process. Applications will be considered officially lodged provided it has an agreed manageable scope, and the application fee has been paid.
Fees apply for non-personal information requests, payable via telephone or in person at the Shire Administration Office. No fees apply if the request relates to your own personal information and/or amendments to your records.
Scope & Timeframe
On receipt of a valid application, the Shire must complete your application within 45 calendar days (this timeframe may be extended by agreement). We aim to provide the information within the shortest possible time, however please note all time limits are in calendar days and where the due date falls on a weekend or public holiday, the next working day is considered as the due date.
The Shire reserves the right to reject unreasonable applications.
Please read the Shire’s Information Statement for further details regarding the process for FOI applications.
View Public Registers & FOI Documents
Frequently Asked Questions (FAQs)
Exempt Information - what is outside of FOI?
The Shire has numerous documents available to the public outside of FOI. These documents are available in the following ways:
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Website
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Hard copy via libraries and Administration office
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Available for inspection under the Local Government Act 1995
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Available for purchase under the Building Act 2011
Further information can be found in the Shire’s Information Statement.
Exempt Information
While the FOI Act provides a general right of access to documents it also recognises some documents require a level of protection. Schedule 1 of the FOI Act cites relevant exemption clauses.
The most frequently applied reasons for refusal to provide access to information are:
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Personal Information
Information that would reveal personal information about an individual (e.g., their name, contact details, signature etc.) may be exempt under Schedule 1 Clause 3 of the FOI Act and s5.95 (8) of the LG Act.
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Business and Commercial Information
Information that would reveal trade secrets, information of a commercial value (e.g., documents containing technical designs that, if released, would harm the company), or the financial affairs of a person (e.g., debts owed to the City) may be exempt under Schedule 1 Clause 4 of the FOI Act.
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Deliberative Processes of Government
Information that would reveal a decision made during a deliberative process closed to the public (e.g., confidential item at Council meeting) may be exempt under Schedule 1 Clause 6 of the FOI Act and s5.23 of the LG Act.
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Legal Professional Privilege
Information that would reveal legal advice may be exempt under Schedule 1 Clause 7 of the FOI Act.
What is a personal vs non-personal application?
A personal application is a request for documents containing information or opinion which refers to yourself only. This can include job applications, correspondence between yourself and the Shire, or stored details about you. Should a document within the scope of a personal application contain both personal and non-personal information, the non-personal information is likely to be removed from the document prior to release.
A non-personal application is a request for any document or record containing information about a third party, commercial information, or any other information which is not purely about yourself as the applicant. Examples include complaints against a property address, documents relating to dog attacks, or records of a Shire process.
Please note requests for documents relating to your property, business or pet are classified as non-personal applications as the Freedom of Information Act 1992 defines personal information as:
information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual, whether living or dead -
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whose identity is apparent or can reasonably be ascertained from the information or opinion; or
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who can be identified by reference to an identification number or other identifying particular such as a fingerprint, retina print or body sample.
How are documents released?
Access to documents can be by way of:
Where access to documents is sought by inspection, an appointment will need to be made with the FOI Coordinator - the Shire retains the right to charge for the supervision of the inspection of the records.
Copyrighted documents will be available for inspection only as per the Information Commissioner case determination in Penfold and Shire of Exmouth and Others, Re [2015] WAICmr8.
Where we are unable to guarantee that access can be granted in the form requested, access may be provided another way (the Shire’s preference is to release copies of documents electronically).
Will my personal information be released?
An FOI application received by the Shire may include documents which contain information about third parties, both personal and commercial.
The FOI Act includes exemption clauses which allow certain information to be deemed exempt and removed from documents prior to their release. Third party personal information (Clause 3) and third party commercial information (Clause 4) are included in these exemptions.
If we are proposing to release your personal information (either personal or commercial) then we must consult with you prior to its release to seek your view about the information and if it should be exempt.
Please note that documents containing your personal information may still be released, however you will be provided with a written notice of decision outlining the reasons for the release. If this occurs, you have review rights under the FOI Act, and the documents cannot be released to the applicant until these review rights are concluded.
What are my review rights?
The FOI Act provides a review and appeal process for both applicants and third parties.
If you are dissatisfied by a decision that we make concerning your application, you can apply to the Shire for an internal review of this decision. This must be requested in writing and lodged to the Shire within 30 days of being notified of the original decision (no charges apply).
The Shire will respond to you within 15 days of your internal review application.
If you are still dissatisfied after the internal review has been completed, you may seek a review by the Information Commissioner.
The request must be made in writing within 60 days of the original decision giving details of the decision to which your complaint relates.
Note: If you are requesting external review as a third party or following an application for amendment of personal information, you must lodge your external review application within 30 calendar days after being given written notice of the internal review decision.
Further information on these procedures can be obtained from the Office of the Information Commissioner.