Privacy and Freedom of Information

What can I do if my personal information has been mishandled by a government department or agency?

The Office of the Australian Information Commissioner (the OAIC) can help with complaints about privacy and the way your personal information is handled. It only deals with personal information held by:

• Commonwealth, ACT and Norfolk Island government agencies, and 
• private sector organisations covered by the Privacy Act 1988 (Cth). 

If you think a government department or agency or private sector organisation has mishandled your personal information, you should complain to them first, before you complain to the OAIC. Check their privacy policy - it should explain what you need to do make a complaint. 

The state public sector in Western Australia does not have specific legislation about privacy. However, there are confidentiality provisions that cover state government agencies. 

How do I access information held by a government agency?

Under the Freedom of Information Act 1992 (WA) and the Freedom of Information Act 1982 (Cth) you can look at files from government departments or agencies, if you:

• are interested 
• want to check that the records about you are accurate, or 
• are in dispute with a department or agency.

There are some types of documents which you may not be able to see. These are called 'exempt documents'. There are also other reasons why you may not be given access to documents under a Freedom of Information (FOI) request.

To make an FOI request, you need to:

• identify which documents you want, giving as much information as you can to identify what you are asking for,
• contact the department's or agency's Freedom of Information officer directly (if they have one), and
• pay the relevant application fee (there is no charge if you are only asking for your personal information).

Some agencies will have their own FOI application forms. 

How can I you get incorrect personal information changed?

If you are concerned that an agency holds information about you that is inaccurate, incomplete, out of date or misleading, you should first contact the agency to discuss whether it will correct that information without the need for you to make a formal FOI application.

If you need to make a formal request to the agency, it will need to:

• be in writing
• give enough details to identify the relevant document
• point to what information you believe is inaccurate, incomplete, out of date or misleading, and explain why, and
• say how you want the information changed (either by altering, striking out or deleting the information, or inserting a note in relation to information).

Your application should be supported by information or evidence to show why the personal information needs to be amended.

There are no fees or charges for applying to change personal information under FOI legislation.

What if I want to make a complaint or I am not happy about an FOI response?

Your options for reviewing agency FOI decisions are different between state and national agencies.

Western Australian state agencies

If you are not happy with a WA state government agency's decision about providing or changing information, you have 30 days to make an application for internal review. The agency then has 15 days to conduct a review.

If you are not happy with the agency’s internal review, you can lodge a complaint with the WA Information Commissioner. The WA Information Commissioner deals with complaints about decisions made by agencies about access to documents, FOI applications, and requests to amend personal information. You must do this within 60 days of receiving the agency’s decision. If you are a third party who objects to disclosure of your information then you must apply within 30 days after being given notice of the agency’s internal review decision.

National agencies

At a national level, if you are not happy with an FOI access decision, you can:

• seek internal review by the agency, or 
• go directly to the Australian Information Commissioner (although it is recommended you try internal review first). 

For internal review, you must apply within 30 days of being notified of the decision, unless the agency extended the application time. The agency must make a decision on your application within 30 days. You can't seek internal review if a minister or the chief officer of the agency made the decision. If you are unhappy with the internal review, you can also then apply for review by the Australian Information Commissioner. Time limits apply.

If you do not agree with the Australian Information Commissioner's decision, you can apply for a review to the Administrative Appeals Tribunal. Time limits apply.

More information

• Office of the Information Commissioner WA - call (08) 6551 7888 or 1800 621 244 (country callers)
  Information and resources about Freedom of Information applications and reviews for Western Australian government agencies.
   
• Office of the Australian Information Commissioner - call 1300 363 992
  Information and resources about privacy laws and related topics, and Freedom of Information requests to Commonwealth agencies.
   
• ThinkUKnow
  Help for how to protect your privacy online. 
   
• Office of the eSafety Commissioner  
  For information on a range of privacy topics including privacy settings on devices and maintaining privacy for your child online.

Information about common FOI requests

• WA Police
  For FOI requests and access to information held by WA Police.

• Department of Health WA
  For FOI requests and access to information, including medical records, held by the Department of Health WA and public hospitals.

• Department of Justice 
  For FOI requests and access to information held by WA courts, tribunals and prisons.

• Department of Communities
  For FOI requests and access to information held by the Department of Communities, including Housing and Child Protection.

• WA Government
  General information for requesting access to other WA government agencies and departments.

Reviewed: 30 January 2024