Freedom of Information statement

The Freedom of Information Act 1992 (“FOI Act”) was established in order to enhance the public’s participation in government and increase the accountability of State and local governments.

The FOI Act requires agencies such as the Public Sector Commission (“the Commission”) to make available details about the kind of documents it holds and provide information as to how they can be accessed, unless they are an exempt agency (listed at Schedule 2 of the FOI Act).

Along with enabling the public to understand how government and its agencies operate, the FOI Act allows people to obtain and seek amendment to personal information about themselves if they feel what is held on the public record is “inaccurate, incomplete, out of date or misleading" (section 45 of the FOI Act).

To comply with the FOI Act, the Commission’s aim is to make information available to members of the public promptly and for the least possible cost. Aside from documents, such as the Annual Report, which are freely available to the public, the Commission will, wherever possible, attempt to provide information to applicants outside of the FOI process.

The C​ommission

The Commission assists the role and functions of the Public Sector Commissioner (“the Commissioner”), an independent statutory officer established under the Public Sector Management Act 1994. The role of the Commissioner is to provide policy advice, assistance and oversight to the public sector to enhance the integrity of public authorities and increase the effectiveness and efficiency of the public sector.

The main service areas of the Commission are to provide:

  • Public sector leadership
  • Assistance and support to the public sector
  • Public sector oversight and reporting

Since 1 July 2015, the Commission acquired responsibility for the oversight of minor misconduct management by public authorities from the Corruption and Crime Commission following amendments to the Corruption, Crime and Misconduct Act 2003. Documents created or received by the Commission in relation to its oversight of minor misconduct function are exempt from the FOI Act. 

Doc​uments held by the Commission

The Commission’s records are arranged using activities based classification and include information about the following functions and activities:

  • Community response: Correspondence received by the Commissioner on current issues
  • Governance: Legislative and parliamentary processes
  • Government Initiatives: Projects of the elected government managed by the Commission
  • Workforce performance and renewal: Executive services, leadership and machinery of government changes
  • Workforce engagement: Diversity and inclusion initiatives, performance and data reporting
  • Public sector conduct and compliance: Integrity promotion, prevention and education and evaluation processes

Broad categories of documents (including publications and quick links) are available to the public and can be accessed through the Commission’s website at www.publicsector.wa.gov.au.

If you are seeking access to a specific document which cannot be located online, please contact the Commission’s FOI Coordinator on (08) 6552 8551 with your request, prior to lodging an FOI application. 

Freedom of​ Information requests

The FOI Act recognises two kinds of requests for access to information, personal information and non-personal information

Personal information is defined 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” (Clause 3, Schedule 1 of the FOI Act). This includes, but is not limited to, information from which the identity of an individual is apparent or can reasonably be ascertained (i.e. names or contact details).

Non-personal information is information concerning people other than the FOI access applicant. This also includes, but is not limited to, information, opinions, contact details or genetic information.

Freedom ​of Information applications

Under section 12 of the FOI Act, FOI applications must

  • be in writing
  • give enough information so that the requested document can be identified
  • give an Australian address to which notices can be sent
  • be lodged at the agency together with the application fee (if required).

Applicants can create their own FOI application or download the Commission’s Freedom of Information Application Form.

Lodgement of FOI Appli​cations

Applications may be made:   

In person:
FOI Coordinator
Public Sector Commission
Dumas House, 2 Havelock St
Perth Western Australia

By post:
FOI Coordinator
Public Sector Commission
Locked Bag 3002
West Perth   WA   6872

Applications and FOI inquiries can also be directed to the FOI Coordinator via email to admin@psc.wa.gov.au

Once an application has been received by the Commission, an acknowledgement letter will be sent to the applicant notifying them of the 45-day deadline in which his or her application shall be processed (section 13(3) of the FOI Act).

Fees and​ Charges

Under section 16(1)(d) of the FOI Act, no fee or charge is payable for access to, or amendment of, personal information. However, under section 12(1)(e), a fee is payable for FOI applications which request access to non-personal information.

The following table details the fees and charges applicable under the FOI Act. Please note that other than the application fee for non-personal information, all charges are made at the discretion of the Commission.  

Payments can be made through the Commission’s secure online account payment facility BPOINT.

 Charge Description

Fee Payable

 Personal information about applicant

No fee

 Application fee for non-personal information 

$30.00

 Charge for time taken dealing with the application 

$30.00 per hour

 Charge for access time supervised by staff 

$30.00 per hour

 Charge for photocopying relevant documents 

$30.00 per hour for staff time, plus 20c per copy

 Charges for staff time in transcribing information from a tapeor other device

$30.00 per hour

 Charge for duplicating a tape, film or computer information

Actual cost

 Charge for delivery, packaging and postage

Actual cost

Processing of Freedom of​ Information Applications

The Commission’s FOI coordinator is responsible for processing all FOI applications received. The FOI Coordinator will liaise with the applicant, relevant decision maker or internal reviewer and third parties, in order to process the application in accordance with the FOI Act.

Once a decision has been made, the applicant will receive a Notice of Decision which outlines the case facts and reasons behind the Commission’s decision (as per section 30 of the FOI Act).

Rights of ​Review

The FOI Act provides applicants with the right to appeal an FOI decision made by the Commission, via an internal and external review process. Please note that no fees or charges are applicable for internal or external reviews.

In accordance with section 40 of the FOI Act, internal review applications should be made in writing to the Commission within 30 calendar days after the date of the Notice of Decision.

If any matter remains in dispute following an internal review, FOI applicants are advised of their right to request an external review to be undertaken by the Information Commissioner. In certain instances, questions of law that arise in the course of dealing with an FOI complaint may be referred to the Supreme Court.

How t​o apply to amend your personal information

Applicants can apply to the FOI Coordinator to request a correction or amendment to any document(s) which contain their personal information.

All applications must be made in writing and clearly demonstrate how or why the Commission’s records are “inaccurate, incomplete, out of date or misleading” (section 46 of the FOI Act).

As with an FOI application, the Commission will inform the applicant of its decision and reasoning, via a Notice of Decision. If the Commission decides to amend the applicant’s personal information, it will usually be done via altering the record, or adding a further note in relation to the record. The FOI Act also provides applicants with the right to appeal an amendment decision made by the Commission, via an internal and external review process.


Page last updated 19 July 2017