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, subject to some limitations. It is the individual's responsibility to ensure that personal information held by the City is accurate, complete and up to date.

Documents accessible under the FOI Act include (but are not limited to) paper records, maps, plans, drawings and electronic records including emails.

Access rights do not apply to documents that are already publicly available.

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 FOI Act, which include (but are 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
  • More examples of exemptions can be found on the Office of the Information Commissioner website.

How do I apply

To apply to access documents under FOI, the application has to: 

  • Be in writing
  • Include specific details to identify the requested documents. General requests, such as "all documents" for an unspecified period of time can involve unnecessary resources, be time consuming and costly to the applicant
  • Have an Australian address and contact telephone number.

Application forms can be obtained from the City of Stirling website or from the City of Stirling Administration Centre, 25 Cedric Street, Stirling.

The completed application form can be lodged via the following methods

By post

Freedom of Information Officer
City of Stirling
25 Cedric Street
Stirling WA 6021

In person

City of Stirling Administration Centre
25 Cedric Street
Stirling WA 6021

By email

stirling@stirling.wa.gov.au

Cost

There are no fees if the application is for personal information relating to the applicant. A fee of $30 is required for other applications and there may be additional charges for dealing with the request if the search for documents is extensive and ancillary costs need to be applied.

The Fees and Charges Schedule can be viewed here.

How to make a payment

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

  • By cheque
  • By credit card over the phone (08) 9205 8555
  • By Credit Card Payment Request Form
  • In person at the City's Administration Centre, 25 Cedric Street Stirling.

The FOI process

Once the City receives a valid application, a search will be conducted to identify the requested documents. These documents will be reviewed against the exemptions set out under Schedule 1 of the FOI Act. If and where required, the City will consult with third parties.

The FOI Act provides a 45 day timeframe from the date an application is received to the City handing down its Notice of Decision.

The Notice of Decision will detail the process undertaken, the documents identified as falling within the scope of the application, any information that is withheld (due to exemptions) and the options available to the applicant should the applicant be dissatisfied with the decision.

Information Statement

Part 5 of the FOI Act requires the City to prepare and publish an Information Statement which includes

  • The City's mission statement
  • Details of legislation administered by the City
  • Details of the City's structure and functions
  • Details of decision making functions within the City
  • Opportunities for public participation in the formulation of policy and performance of the City's functions
  • Documents held by the City
  • The operation of FOI in the City.

Further information

Should you have any queries on the process or the Information Statement, please contact the Freedom of Information Officer on (08) 9205 8555 or email stirling@stirling.wa.gov.au

Additional information is also available from the Office of the Information Commissioner website. 

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.

A person can request to obtain the owner details of an adjoining property subject to completing statutory declaration stating the reason or purpose for the request (some conditions apply).

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.


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 Form117 KB 1/03/2018 14:02
Freedom of Information Statement.pdfFreedom of Information Statement458 KB 12/07/2016 11:43
Freedom of Information Brochure.pdfFreedom of Information Brochure708 KB 27/03/2018 13:53
Freedom of Information Internal Review Application Form.pdfFreedom of Information Internal Review Application Form108 KB 29/03/2018 13:19