Freedom of information

The Equal Opportunity Commission supports freedom of information requests.

Government agencies are obliged under the Freedom of Information Act 1992 (the FOI Act) to help a person make an application which complies with the Act or to assist the person to change the application so it complies with the Act.

If you are considering making an application for information from the Equal Opportunity Commission, we encourage you to contact our FOI Coordinator who will ensure that advice is provided to help you to make an application.

The Commission aims to make information available promptly and at the least possible cost, and whenever possible documents will be provided outside the FOI process.

If information is not routinely available, the Freedom of Information Act 1992 provides the right to apply for documents held by the Commision and enables the public to ensure that personal information in documents is accurate, complete, up to date and not misleading.

The Commission receives, produces and retains a range of documents relevant to the Commission's statutory and administrative functions, including:

  • written complaints, responses to complaints and attached documentation
  • correspondence related to complaint-handling, administrative matters and government affairs
  • legal documents and correspondence; and
  • administrative documentation and educational materials.

The public is welcome to make arrangements to view the range of publications and resources produced by the Commission, much of which is on the website, as the information you seek may already be available without the need to make an FOI application.

Information exempt from FOI

Under Section 167 of the Equal Opportunity Act 1984, the Commissioner cannot disclose private information acquired about a person by reason of her office unless the disclosure is in the exercise of a power or duty under the Act.  Such information is also exempt under FOI.

FOI procedures and access arrangements

Freedom of information applications

Requests for access are dealt with by the FOI Coordinator, at

FOI Coordinator
Equal Opportunity Commission
PO Box 7370
Cloisters Square  Perth  WA   6850

Phone: (08) 9216 3900 or you can Contact us via this website.

Applications must be submitted in writing and should include: 

  1. Enough information so that the documents requested can be identified,
  2. An Australian address to which notices can be sent; and
  3. Be lodged at the Commission with any application fee payable. 

Applications will be acknowledged in writing and the applicant will be notified of the decision within 45 calendar days.

Freedom of information charges

A scale of fees and charge is set under the FOI Act Regulations.  Apart from the application fee for non-personal information all charges are discretionary.  the charges are as follows:

Type of fee

 

Personal information about the applicant no fee

No fee

Application fee (for non-personal information)

$30.00

 

Type of charge

 

Charge for time dealing with the application (per hour, or pro rata)

$30.00

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

$30.00

Photocopying staff time (per hour, or pro rata)

$30.00

Per photocopy

$00.20

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

$30.00

Duplicating a tape, film or computer information

Actual cost

Delivery, packaging and postage

Actual cost

 

Deposits

 

Advance deposit may be required of the estimated charges

25%

Further advance deposit may be required to meet the charges for dealing with the application

75%



For financially disadvantaged applicants or those issued with the prescribed pensions concession cards, the charge payable is reduced by 25%.

Access arrangements

Access to documents can be granted by way of inspection, a copy of a document, a copy of an audio or video tape, a computer disk, a transcript of a recorded, shorthand or encoded document from which words can be reproduced.

Notice of  decision

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

  • the date on which the decision was made
  • the name and designation of the officer who made the decision
  • if the document is an exempt document, the reasons for classifying the matter exempt, or the fact that access is given to an edited document
  • information on the right to review and the procedures to be followed to exercise those rights.

Refusal of access

Applicants who are dissatisfied with a decision of the Commission are entitled to ask for an internal review by the Commission.  Application should be made in writing within 30 days of receiving the notice of decision.

Applicants will be notified of the outcome of the review within 15 days.

If the applicant disagrees with the result, the applicant can apply to the Information Commissioner for an external review, and details would be advised to applicants when the internal review decision is issued.

More information

You can find more information about the FOI process and costs at the website of the Office of the Information Commissioner.

EOC information statement