The Freedom of Information Act 1992 (FOI Act) gives the public a right to apply for access to documents held by the City of Stirling and where possible provide documents outside the FOI Act ensuring openness and accountability to the public.

While the FOI Act provides a general right of access to documents, it also recognises some documents require a level of protection, specifically those documents that meet the exemption criteria in Schedule 1 of the Act, which includes (but is not limited to)

  • Personal information that identifies a third party
  • Information concerning trade secrets
  • Information of commercial value
  • Any documents which if released would have a detrimental effect on the functioning of the City or would harm the interests of private individuals or commercial organisations are exempt from release
  • More examples of exemptions can be found here.

The FOI Act also requires agencies to publish an Information Statement to inform the public of the functions of the City.

FAQ's

Answer
collapse Question : Am I able to obtain the Owner details of my neighbour in regards to a fence issue or other property query? ‎(1)
This is not supported by FOI.

The City has the responsibility to ensure a person signs a Statutory Declaration stating they will not use the information for a commercial purpose.

A person or agent or representative acting on behalf of another person, may make application on the prescribed application form and verified by a statutory declaration, stating the purpose or intent of the information will not be used for commercial purposes. An application received to the contrary will be refused.

Please refer to the Statutory Declaration Form at the bottom of the page.
collapse Question : I want a copy of our neighbour’s development plans? ‎(1)
Plans are subject to copyright and cannot be copied without the owner’s consent. Section 27 provides for the agency to allow access by viewing but any internal layout detail is required to be redacted as per Clause 5 of the FOI Act.

Section 27
"27. Ways in which access can be given
(1) Access to a document may be given to the applicant in one or more of the following ways:
(a) by giving a reasonable opportunity to inspect the document.

(2) If the applicant has requested that access to a document be given in a particular way the agency has to comply with the request unless giving access in that way
(b) would involve an infringement of copyright belonging to a person other than the State, in which case access may be given in some other way."

Schedule 1 (Clause 5)
"5. Law enforcement, public safety and property security
(1) Matter is exempt matter if tis disclosure could reasonably be expected to –
(e) endanger the life or physical safety of any person;
(f) endanger the security of any property."
collapse Question : I want the contact details of the person complaining about construction works at my property. ‎(1)
This information is considered personal information about a third party and is exempt under Clause 3 of the FOI Act.
Schedule 1 (Clause 3)
"3. Personal information
Matter is exempt matter if its disclosure would reveal personal information about an individual (whether living or dead)."
collapse Question : I was the victim of a dog attack recently; can I have the dog owners contact details? ‎(1)
This information is considered personal information about a third party and is subject to Clause 3 of the FOI Act
Schedule 1 (Clause 3)
"3. Personal information
Matter is exempt matter if its disclosure would reveal personal information about an individual (whether living or dead)."
collapse Question : Why was a decision made without consultation? ‎(1)
The intent of the FOI Act is to provide documentation not to answer specific questions; these can be directed to the relevant Business Unit for a response.

The City is required to

  • Provide assistance in making an application
  •  Allow access to documents at a reasonable cost
  • Ensure that personal information in documents is accurate, complete, up-to-date and not misleading

How to apply

FOI application forms are available from the following

  • Administration Centre (25 Cedric Street, Stirling)
  • Freedom of Information Officer on 08 9205 8903
  • The FOI Application Form on the City's website

An application has to

  • Be in writing
  • Give enough information to identify the requested documents
  • Give an Australian address to which Notices can be sent
  • Be submitted with the $30 application fee

A completed application form can be posted to:

 Freedom of Information Officer

 City of Stirling
 25 Cedric Street
 Stirling WA 6021

Or emailed to stirling@stirling.wa.gov.au

How to make a payment

The application fee of $30 (mandatory) can be made

  • By cheque
  • By credit/visa card over the phone
  • By credit/visa card payment form on the City's website
  • In person at the City's Administration Centre, 25 Cedric Street Stirling.

Additional fees and charges (discretionary) can be viewed here

Time Limits

Once the City has received a valid application, it is required to provide a Notice of Decision within 45 calendar days.  More information of the time limits can be viewed here.

Further Information

If you have any further queries please refer to the Office of the Information Commissioners website to access advice specifically for the public. 

 Forms and Information

  
  
  
  
Statutory Declaration electors and ratepayers.pdfStatutory Declaration electors and ratepayers47 KB 8/05/2012 16:01
Freedom of Information Application Form.pdfFreedom of Information Application Form262 KB 23/05/2012 15:38
Freedom of Information Statement.pdfFreedom of Information Statement458 KB 12/07/2016 11:43