Freedom of Information
The Western Australian Freedom of Information Act 1992 (FOI Act) gives individuals the right to apply for access to documents held by State Public Sector agencies. The Town of Claremont is an agency within the meaning of the FOI Act.
The intention of the FOI Act is to:
- Confer upon persons a general right of access to information held by agencies;
- Confer upon individuals a right to apply to an agency for an amendment of personal information to ensure that it is accurate, complete, up to date and not misleading;
- Place an obligation on agencies to make publicly available certain information about their operations.The Act also requires that agencies prepare and publish an Information Statement which conveys the maximum possible detail to the public about its operations and how access may be obtained to public documents.
To apply for access to documents please complete the Application for Access to Documents form and provide to the Town together with payment of the applicable application fee.
The Town's Freedom of Information Statement provides information on the types of documents available, the FOI process and how to make a FOI application.
Public Interest Disclosure
The Public Interest Disclosures Act 2003 facilitates the disclosure of public interest information and provides protection for those making such disclosures and those who are the subject of disclosures. The Town of Claremont is committed to the aims and objectives of the Public Interest Disclosure Act.
The Town does not tolerate corrupt or other improper conduct, including mismanagement of public resources and strongly supports disclosures being made in respect of conduct which is potentially corrupt or otherwise improper.
The Town will take all reasonable steps to provide protection to anyone who makes such disclosures from any detrimental action in reprisal for the making of a public interest disclosure.
Public interest disclosure is a disclosure which is made by a person who discloses to a proper authority (in local government that is the Public Interest Disclosure (PID) officer), information which tends to show past, present or proposed future wrongdoing by a public body when performing a public function.
You can make public interest disclosures (PID) about improper conduct in public authorities that include State government agencies and departments, local governments (including the Town of Claremont), and bodies established under a written law for a public purpose, such as a public university.
Frequently Asked Questions
Any person can make a disclosure if they believe something is wrong with the way a public body has acted, is acting or is going to act.
A disclosure is more than a general complaint or dissatisfaction with a service or a decision, and it is more than a personal grievance. In order to be covered by the Act, the information needs to relate to a matter of public interest.
You should also consider whether you have reasonable grounds to believe the information you are thinking of disclosing is true, or otherwise you believe it to be true.
A disclosure must show the public body's involvement in one or more of the following:
- Improper conduct;
- An act or omission that constitutes an offence under State Law including corruption;
- Substantial unauthorised or Irregular use of, or substantial mismanagement of, public resources;
- Conduct that involves a substantial and specific risk of injury to public health, prejudice to public safety or harm to the environment.
- A matter of administration that can be investigated under Section 14 of the Parliamentary Commissioner Act 1971.
Before making a disclosure, it is important that you are aware of the rights and responsibilities imposed on disclosers and others under the Act.
It is a serious offence to make a disclosure that you know or suspect is false, trivial, vexatious, misleading or tied to any personal agenda. If you know the information in the disclosure is false or misleading, or you are reckless about the information, it will be considered an offence and could attract a penalty of $12,000 or one year of imprisonment.
If you choose to make your disclosure under the Act you must ensure you do not discuss the matter with anyone other than the PID Officer or the person conducting the investigation. You may lose your immunity under the Act and breach the confidentiality provisions which may incur a penalty if you do.
Before making a disclosure you should contact the PID officer to find out more about:
- How to make the disclosure and who you should disclose to;
- Your rights and responsibilities;
- The protections that will apply; and
- Whether the information you have is covered by the Act.
The Town of Claremont’s PID officer is:
Director Governance and People
Town of Claremont
Number One Claremont
308 Stirling Highway, Claremont, WA 6010
PO Box 54 Claremont WA 6910
Phone: +61 8 9285 4300
On receipt of a disclosure of public interest the PID Officer shall comply with its obligations under the Act.
For further information regarding Public Interest Disclosures please see the Public Sector Commission website.