Freedom Of Information (FOI)

The Freedom of Information Act (1992) ("the Act") aims to enable the public to participate more effectively in governing the State; and to make the persons and bodies that are responsible for State and local government more accountable to the public.

The objects of the Act are achieved by creating a general right of access to State and local government documents; providing means to ensure that personal information held by State and local governments is accurate, complete, up-to-date and not misleading; and requiring that certain documents concerning State and local government operations be made available to the public.

Consistent with the Act, students, staff and members of the public may:

• seek access to documents held by ECU, or
• request amendments to personal information contained in documents held by ECU

A 'document' is any record however it is stored, and for example includes the following:

• Paper (letters, faxes, forms, paper-based files)
• Audio Tape / Videotape / CD's and DVD's / Microfiche / Microfilm
• Electronic records (including emails, digitally stored records)
• Drawings / Films / Photographs
• Plans / Maps / Diagrams / Graphs

The access provisions of the Act do not apply where documents are routinely available to the public, or are available for inspection or purchase.

Information about the operation of FOI at ECU is contained in the Information Statement:

It is the aim of the University to make information available promptly and at the least possible cost, and whenever possible documents will be provided outside the FOI process. Where documents are not routinely available, a summary of the FOI process is as follows:

APPLICATIONS TO ACCESS DOCUMENTS

Applications must:

• be in writing
• give enough information to enable the requested documents to be identified;
• provide an address in Australia to which a response may be sent;
• be lodged at the University with any fee which may be applicable.

ECU's Information Statement provides full details of the fees which are applicable for some applications.

To make an FOI application to ECU, please contact the Freedom of Information Coordinator:

Address: FOI Coordinator
                  Edith Cowan University
                  Joondalup Campus
                  270 Joondalup Drive
                  JOONDALUP WA 6027

Telephone: (08) 6304 2453
Fax:              (08) 6304 2661
Email:          j.tracey@ecu.edu.au

Upon receipt of the application the relevant documents will be reviewed and a determination made as quickly as possible (but no later than 45 days after receipt of the application, unless a longer time is agreed with the applicant).

Amendment of Personal Information

Applicants who wish to apply to amend personal information held by ECU must lodge the request with the FOI Coordinator. The request must indicate how the information is to be amended (alteration, deletion, inserting information or adding a note in relation to the information).

THE DECISION-MAKING PROCESS

Access to Documents

The decision in the case of an application for access to documents may be:

Full access - in which case a copy of the document(s) will be provided;

Edited access - in which case some parts of the document(s) will be exempted. Edited access will be provided where, in the view of the decision-maker, parts of the document are exempted under one or more of the 15 exemptions listed in the Act. The most common exemption which arises in dealing with applications at ECU is that the exempted material relates to a person other than the applicant.

Access refused - if it is the case that the entire contents of the document(s) are exempted, or if the document does not exist, or if a document requested by an applicant cannot be found.

Consultation

Where information about individuals other than the applicant is contained in a document the FOI decision-maker will consult with those third parties in reaching a decision on access to the document. There is no requirement to consult where such personal information is to be exempted.

RIGHTS OF REVIEW OF DECISIONS

The FOI decision-maker will provide reasons as part of the decision in relation to an application, making reference to the relevant provisions of the Act, and describing reasons that full or edited access is to be provided, or access refused. In the case of amendment of personal information, if the amendment as requested is not made, reasons for the decision will be provided.

Applicants who are dissatisfied with the notice of decision are able to seek an internal review of the decision, which must be made within 30 days of being given the notice of decision. Where an applicant is not satisfied after an internal review, an applicant may seek an external review through the Office of the Information Commissioner.

FREEDOM OF INFORMATION IN WESTERN AUSTRALIA

Further information about FOI may be found at the Office of the Infromation Commissioner's website: http://www.foi.wa.gov.au/