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Download the Information Statement.

The Freedom of Information Act 1992 (FOI Act) gives members of the public the legal right to apply for access to documents held by State Public Sector agencies which includes: Government Departments; Local Authorities; Statutory Authorities and Ministers.

Agencies are required to assist the public obtain access to documents at the lowest reasonable cost, and to ensure that personal information held is accurate, complete, up to date and not misleading. Your right to apply is not affected by any reasons you have for wishing to obtain access, or the agency’s belief as to what your reasons are for applying.

The kinds of documents to which you may request access includes paper files, computer records, maps, plans, photographs, tape recordings, films, video tapes and electronically stored information.

Who is Tourism WA?

As a statutory authority under the portfolio of the Minister for Tourism and governed by a Board of Commissioners, Tourism WA is responsible for promoting Western Australia as an attractive holiday, event, convention and incentive travel destination, and for enhancing the tourism industry, infrastructure and product base nationally and internationally.

Tourism WA focuses on three key operational areas which aim to increase visitor numbers and the tourism industry’s contribution to the State’s economy:

  • Marketing the State as a competitive tourism destination;
  • Developing, attracting and marketing major events; and
  • Supporting significant tourism infrastructure and development projects.

Applying for documents under the Freedom of Information Act

The primary method for accessing Tourism WA’s publications by external individuals is by accessing the Tourism website. Only documents held by Tourism WA which are unable to be obtained by any other means are able to be applied for.  The FOI Act contains exemptions and limitations which can preclude or restrict the release of some documents, or restrict the release of certain details contained within some documents.

If you are unable to obtain the documents by any other means, you can make application under the FOI Act.  The application must:

  • be in writing;
  • give enough information to enable the requested documents to be identified;
  • give an address in Australia to which notices under the Act can be sent;
  • give any other information or details required under regulations; and
  • be lodged at an office of the agency with any application fee payable (see fee information below) under the regulations.

TIP: Describe the documents with as much information as possible, as this will assist with locating all relevant documentation. Suggested descriptions include date ranges, and reference numbers.

Amending personal information

The FOI Act provides the public with the right to apply to amend their personal information contained within Tourism WA documentation if the information is inaccurate, incomplete, out of date or misleading. No application fee is payable for access to personal information about yourself.

Under section 46 (1) of the Act, an application for amendment must:

  • be in writing; 
  • give enough details to enable the document that contains the information to be identified; 
  • give details of matters in relation to which the person believes the information is inaccurate, incomplete, out of date or misleading;
  • give the person's reasons for holding that belief;
  • give details of the amendment that the person wishes to have made;
  • give an address in Australia to which notices under this Act can be sent;
  • give any other information or details required under the regulations; and
  • be lodged at an office of the agency.

Under section 46 (2) of the Act the application has to also state whether you would like the amendment to be made by:

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

Amendments can be made in two or more of the above ways.

Application lodgement

Applications may be lodged (with applicable fee or charge) in the following ways:
In Person
FOI Coordinator
Level 9, 2 Mill Street
Perth WA 6000

- OR –

By Mail
FOI Coordinator
GPO X2261
Perth WA 6847

Enquiries:
Contact:  FOI Coordinator
Telephone: 08 9262 1700
Fax:  08 9262 1702
Email:  foi@westernaustralia.com

Fees and charges

Personal information
Free (No Application Fee)

Non-personal information only
$30 application fee. This fee is required at the time of lodging the application. If you are mailing your application, please include a cheque / money order made payable to Tourism WA. An application without an application fee included will be considered invalid and the application will not proceed until full payment is received.

Processing fees
Tourism WA may impose a charge for processing an application. Where FOI processing fees are likely to exceed $25.00, FOI staff will provide an 'Estimate of Costs' and ask whether you want to proceed with the application.  This estimate details any additional charges and provides you with the opportunity to reduce any applicable charges by refining the request scope or reducing the number of documents requested.

Fees may include:

  • $30 per hour of staff time or pro rata for part of an hour for dealing with an application.
  • $30 per hour (or pro rata for part of an hour) for supervision by staff when access is given
    to view documents; or the time taken by staff to prepare a transcript from a tape or make
    photocopies.
  • 20 cents per photocopy.
  • Actual cost incurred by the agency for preparing a copy of a tape, film or computerised
    information, or arranging delivery, packaging and postage of documents.

Internal and external review
There are no application fees or charges for internal or external reviews.

Notice of the Decision

If you make an FOI application to Tourism WA, we will provide a formal written “Notice of Decision” in accordance with section 30 of the Act outlining our decision and the level of access that has been granted to documents relevant to your application. 

Time frame for application completion

In accordance with section 13 of the Act we will endeavour to reply to you as soon as possible or in any event by the 45 calendar day deadline. The timeframe may be extended through agreement with the agency and the applicant. An extension may be needed due to the volume of documents located, availability of staff, or the documents are difficult to locate. If an extension is required, FOI staff will contact you to discuss and request an extension.

Exemptions

According to the Act, access is to be given to records, subject to certain exemptions, which are to protect personal, commercial or business interests or third parties, and public interests. Details of the initial decisions will be provided in writing, giving details and reasons for refusing access to a record.

Appealing a decision

Internal review
If you are not satisfied with a decision made by Tourism WA, you have the right to apply for an internal review. You can request an internal review when;

  • The agency refuses to deal with your application.
  • You have been refused access to some or all of the documents requested.
  • You have only been given access to parts of a document and you want to see the parts that are deleted.
  • The agency has decided to give access but has deferred giving you access.
  • The agency has decided that medical or psychiatric information about you will only be given to you through a nominated medical practitioner.
  • The agency charges too much for access or if the charges seem unreasonable.
  • You are a third party mentioned in the documents but have not been consulted.
    or you have been consulted but disagree with a decision to release the documents to the applicant.
  • The agency does not agree to amend your personal information; or make a notation or attachment to the document in a form that satisfies you.

An application for review has to:

  • be in writing; and
  • give particulars of the decision which the aggrieved person wishes to have reviewed; and
  • give an address in Australia to which notices under this Act can be sent; and
  • give any further information or details required under the regulations; and
  • be lodged at an office of the agency.

An application for an internal review must be lodged with Tourism WA within 30 days of the written notice of decision. The internal review will be undertaken by an officer of Tourism WA who was not involved in the original decision or sub ordinate to the original decision maker. You will be advised of the outcome within 15 days.

External review
Should an applicant be dissatisfied with the Internal Review, application may be made with the Office of the Information Commissioner.  This request must be lodged within 60 days of the Notice of Decision being given.
All details outlining the Internal and External Review processes are provided within the original Notice of Decision document. 

Office of the Information Commissioner

The Information Commissioner is an independent officer who reports directly to Parliament.  The main function of the Office of the Information Commissioner is to deal with complaints about decisions made by agencies in respect of access applications and applications for the amendment of personal information.

Other responsibilities include:

  • Ensuring that agencies are aware of their responsibilities under the FOI Act.
  • Ensuring that members of the public are aware of the FOI Act and their rights.
  • Providing assistance to members of the public and agencies on matters relevant to the FOI Act.
  • Recommending to Parliament legislative or administrative changes that could be made to help the objectives of the FOI Act be achieved.

Office of the Information Commissioner
Albert Facey House
469 Wellington Street
PERTH    WA    6000

Tel: (08) 6551 7888
Toll Free: 1800 621 244 (Western Australia country landline callers only)
Fax: (08) 6551 7889
info@foi.wa.gov.au
www.foi.wa.gov.au

Last Reviewed: 2017-10-17