Freedom of Information
Freedom of Information
Overview
The Freedom of Information Act 1992 (WA) (the FOI Act) was proclaimed on 1 November 2003. This Act provides the public with a general right of access to documents held by government agencies. The FOI Act requires agencies to make available details about the types of documents that they hold and advise the public on how to access that information.
Information Statement
In accordance with section 94 of the FOI Act, the Department of Mines and Petroleum (DMP) is required to provide an Information Statement.
Structure and Functions of DMP
Details of the structure and functions of DMP can be found under About Us on this website or in our latest Annual Report, a copy of which is also available on this website.
The effects that the functions of the DMP will have on the public stem from the department’s mission and outputs.
Public Participation in Policy and Functions of DMP
Members of the public are able to participate in the formulation of DMP’s policy and the performance of the DMP’s functions by writing to the department, who will then investigate and respond. A Feedback and Complaints form can be found under Contact Us on this website.
Resources sector employees concerned about occupational safety issues can complain in confidence to officers of the Resources Safety division (RSD) of DMP. Alternatively, Inspectors of Mines and Safety and Health representatives who are elected by employees on operational sites can provide a direct liaison between employees and DMP RSD on safety issues.
Community representatives participate directly in DMP’s policy-making processes through membership of various liaison committees, boards and working groups or by making oral or written representation to either those groups, the Director General of DMP or the Minister for Mines and Petroleum.
Documents Held By This Agency
DMP holds documents including correspondence, internal memoranda, reports, maps and standard departmental forms concerning the following:
- Administration of DMP
- Dangerous Goods Safety
- Geoscientific Information
- Land Tenure and Management
- Mining Tenements
- Mining Projects (Environmental Matters)
- Mine Safety
- Petroleum Titles
- Petroleum Exploration and Production
- Petroleum Projects (Environmental Matters)
- Petroleum Safety
- Royalties
Details of documents available for viewing or free of charge to the public can be found on the Publications page of this website.
The Mineral House Library, located on level 1, 100 Plain Street, East Perth is open to the public from 8.30am to 4.30pm Monday to Friday. The library holds an extensive collection of publications covering all aspects of the geology of Western Australia, as well as geological and mining publications from Australia and overseas.
DMP’s Online Systems contain a vast amount of public information covering all business areas of the department, including mining tenements, mining projects, petroleum projects and geoscientific information.
The public counter of DMP, located on level 1, 100 Plain Street, East Perth is open from 8.30am to 4.30pm Monday to Friday. The counter officers can provide assistance with the use of the department’s Online Systems and conduct Mining Register searches (charges apply).
Details of other documents available for purchase from DMP can be found at e-bookshop on this website.
Access to Information through the Freedom of Information Act
Access to all documents held by DMP that are not publicly available may be applied for through an FOI application. DMP encourages applicants to discuss their request prior to submitting an application with either:
The FOI Officer (Mineral House) phone: 9222 3246, or
The FOI Coordinator (Resources Safety Division) phone: 9358 8147
This discussion will clarify the FOI process and confirm that the information sought may be provided through FOI.
Under the FOI Act a person’s right to access information is not affected by any reasons the person gives or the agency’s beliefs as to what the person’s reasons are for wanting access. However, some documents or parts of documents may be exempt from release under the FOI Act. The FOI Act’s exemption provisions protect the disclosure or information that, if released, would have a detrimental effect on businesses, private individuals or the functioning of the government.
Under the FOI Act, DMP must collect an application fee of $30.00 for non-personal applications before the request for access can be considered. There are no fees or charges for providing an applicant with access to personal information about the applicant.
All FOI applications should:
- Be submitted in writing, either on one of the department’s application forms (see below) or by letter.
- Provide enough information for the department to identify the requested documents.
- Provide an address in Australia to which notices can be sent.
- Be forwarded to either:
The Freedom of Information Officer
Department of Mines and Petroleum
100 Plain Street
EAST PERTH WA 6004
or, for documents concerning mine safety and dangerous goods licences:
The Freedom of Information Coordinator
Resources Safety Division
Department of Mines and Petroleum
303 Sevenoaks Street
CANNINGTON WA 6107
Applications will be acknowledged upon receipt and applicants will be notified of the department’s decision within 45 days of receipt.
Additional charges may apply for processing applications. The charges are calculated on the basis of 20c per page for photocopying and $30 per hour for processing time. However, DMP is committed to providing access to documents at the least possible cost and so charges are always kept to a minimum.
Amendment of Personal Information
The FOI Act provides that individuals have a right to see their own personal records (ie. records about themselves) and have them amended where they are found to be inaccurate, incomplete, out of date or misleading.
An application to amend personal information should:
- Be submitted in writing.
- Provide enough information for the department to identify the document containing the information.
- Give details as to why the information is incorrect.
- Give details of the amendment that the person wishes to be made.
- Provide an address in Australia to which notices can be sent.
- Be forwarded to the Freedom of Information Officer, Department of Mines and Petroleum or the Freedom of Information Coordinator, Resources Safety Division, Department of Mines and Petroleum.
There are no fees or charges for amending personal information.
Review Process
Once a decision has been made by the department regarding access to requested documents or the amendment of personal information, the applicant will be provided with a Notice of Decision. If the applicant is not satisfied with this decision, the FOI Act provides for the applicant to request the agency to conduct an internal review of its decision. If the applicant is still not satisfied after that review, the applicant may lodge a complaint with the Information Commissioner. There is no charge for applications for the review of decisions.
Information Commissioner
The role of the Information Commissioner is to independently review access decisions where there is a conflict regarding the release of documents under the FOI Act. The Information Commissioner also provides independent advice and assistance to both applicants and agencies on matters concerning the FOI Act.
All agencies must submit an annual statistical return to the Information Commissioner at the end of each financial year. These statistics are then detailed in the Information Commissioner’s Annual Report to Parliament.
Should you require further information, please visit the Information Commissioner’s website.
