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. This statement is published in accordance with Part 5 s94 of the FOI Act. In creating a right of public access to government documents, the FOI Act requires agencies such as Healthway to:
- outline the structure and functions of Healthway;
- demonstrate the impact our functions have on the community;
- outline the processes which exist to enable the community to participate in the formulation of policy and the performance of our functions;
- define the kinds of documents held by Healthway;
- outline how the public can access documents held by us; and
- outline the procedures for requesting or amending personal information under the Act.
Healthway funds activities related to the promotion of good health in general, with particular emphasis on young people.
Healthway currently operates under the Western Australian Health Promotion Foundation Act 2016. The Act defines the objects, functions and powers of Healthway and establishes a skills-based Board of Management. Healthway’s role defined in the Act, is to “promote and facilitate in Western Australia good health and activities which encourage healthy lifestyles.”
Healthway’s role is:
- to fund activities related to the promotion of good health in general with particular emphasis on young people; and
- to support sporting and arts activities which encourage healthy lifestyles and advance health promotion programmes; and
- to provide grants to organisations engaged in health promotion programmes; and
- to fund research relevant to health promotion; and
- to evaluate and report on the effectiveness of the performance of the Foundation in achieving health promotion activities;
Healthway has a number of avenues by which members of the public and other stakeholders can comment or participate in Healthway policy and performance of our functions. For example:
- eNewsletters are published on a regular basis. The public can subscribe or view earlier issues on the Healthway website. Invitations to comment on matters is at times made available through this venue;
- a number of advisory committees have been established to provide advice to the Healthway governing Board. Expressions of interest for membership on these committees is advertised publicly;
- complaints, comments or compliments procedures is publicly available; and
- forums and information sessions are undertaken that invite participation and comments.
Documents Held by Healthway
Details of documents available for which a Freedom of Information (FOI) application is not required and available at no cost include:
- Healthway’s annual report;
- Healthway’s policies;
- Job description forms; and
- All publications available on our website.
Other documents available for which a FOI application is required (non-exempt documents):
- Records files on the administrative operations of Healthway;
- Correspondence held on Healthway files;
- Personal files and other information on individual employees;
- Manuals on administrative and financial policy and procedures;
- Board and Committee meeting minutes;
- Corporate Executive meeting minutes;
- Information held on the grants system database;
- Purchasing records and contracts; and
- Audit reports and supporting documentation.
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 defined as information concerning people other than the FOI access applicant. This also includes, but is not limited to, information, opinions, contact details or genetic information.
How to 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 Healthway’s records are “inaccurate, incomplete, out of date or misleading” (section 46 of the FOI Act).
Healthway will inform the applicant of its decision and reasoning, via a Notice of Decision. If Healthway 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 Healthway, via an internal and external review process.
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; and
- be lodged at the agency together with the application fee (if required).
Applicants can create their own FOI application or download the Healthway’s Freedom of Information Application Form.
Lodgment of FOI Applications
Applications may be made:
Level 2, 38 Station Street
Subiaco WA 6008
Locked Bag 66
Subiaco, WA 6904
Applications and FOI inquiries can also be directed to the FOI Coordinator via email to firstname.lastname@example.org
Once an application has been received by Healthway, 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), unless more time is required to complete the application and is agreed to with the applicant.
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. However, proof of identity is required if seeking access to personal information.
- $30 application fee for non-personal information
- $30 per hour of staff time or pro rata of an hour for dealing with an application. (Agencies cannot charge for locating the documents within the scope of a request)
- $30 supervised access time or preparation of a transcript or a tape (per hour or pro rata)
- 20c photocopying per copy
- $30 for time spent photocopying (per hour or pro rata)
- Actual cost incurred by Healthway for preparing a copy of a tape, film or computerised information, or arranging delivery, packaging and postage of documents
Please note that Freedom of Information fees are GST exempt.
If applicants are financially disadvantaged or hold a prescribed pensioner concession card, please advise the Freedom of Information Coordinator.
A deposit of 25% of the estimated charge may be requested, see Freedom of Information Act s18 (1). A further advance deposit of up to 75% of the estimated charge may also be requested see Freedom of Information Act s18 (4).
Notice of Decision
As soon as possible but within 45 days the applicant will be provided with a notice of decision which will include details as per section 30 of the FOI Act including:
- the date which the decision was made;
- the name and the designation of the officer who made the decision;
- if access is refused, the reasons for claiming the document is exempt; and
- information on the rights of review and the procedures to be followed to exercise those rights.
Rights of Review
The FOI Act provides applicants with the right to appeal an FOI decision made by Healthway, 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 Healthway 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.