Fines breaching restrictions
Dear Western Australia Police,
Under the FOIA Act I am requesting any documents that include: total, aggregated, partial or otherwise in-full - statistics pertinent to fines, infringements, summons to a magistrate and other penalties for breaching COVID-19 and COVID-19 related directions, measures and restrictions since the first day of march of 2020 to today (8th of February 2021).
I am also requesting a waiver on this FOIA application due to financial hardship because of the COVID-19 pandemic and it's affect on my personal financial security and stability as well as it's generational and long-term affects on the Western Australian community and young community as a whole.
Yours faithfully,
MN
Good morning,
I refer to an application received at this office on 08 February 2021,
requesting access to documents under the Freedom of Information Act 1992
(the ‘Act’).
Your application is currently considered invalid under section 12 of the
FOI Act, as you have not provided an address in Australia to which
correspondence can be sent and payment.
This email is provided as an opportunity for you to provide our office an
Australian postal address and submit the $30.00 Non Personal Legislated
fee. (Please be advised this fee can not be waived)
12. Access application, form etc. of
(1) The access application has to —
(a) be in writing; and
(b) give enough information to enable the requested documents
to be identified; and
(c) give an address in Australia to which notices under this
Act can be sent; and
(d) give any other information or details required under the
regulations; and
(e) be lodged at an office of the agency with any application
fee payable under the regulations.
(2) The access application may request that access to the
documents be given in a particular way described in section 27(1).
(3) An application may be lodged by delivery by hand, post or
facsimile at an office of the agency to which it is directed.
(4) If an application is lodged with an agency by post it is
to be regarded as having been lodged with the agency at the end of the
fifth day after it was posted.
(5) If an application is lodged with an agency by facsimile it
is to be regarded as having been lodged with the agency on the day on
which it is transmitted.
Please provide an appropriate address by 18 February 2021. If our office
do not receive a response by this date your application will not be
progressed.
In the event of any further correspondence or enquiries on this matter,
please contact our office and quote FOI File Reference Number 2021/0301.
Please note that under the FOI Act, access applications can be dealt with
within 45 days from the date the application is made valid.
Yours sincerely,
Freedom of Information | Western Australia Police Force Locked Bag 20,
Perth Business Centre WA 6849
T: (08) 6229 5910
E: [Western Australia Police request email]
-----Original Message-----
From: J M <[FOI #7065 email]>
Sent: Monday, 8 February 2021 8:05 PM
To: Freedom Of Information SMAIL <[email address]>
Subject: FOI 2021/0301 Freedom of Information request - Fines breaching
restrictions
Dear Western Australia Police,
Under the FOIA Act I am requesting any documents that include: total,
aggregated, partial or otherwise in-full - statistics pertinent to fines,
infringements, summons to a magistrate and other penalties for breaching
COVID-19 and COVID-19 related directions, measures and restrictions since
the first day of march of 2020 to today (8th of February 2021).
I am also requesting a waiver on this FOIA application due to financial
hardship because of the COVID-19 pandemic and it's affect on my personal
financial security and stability as well as it's generational and
long-term affects on the Western Australian community and young community
as a whole.
Yours faithfully,
MN
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[1][FOI #7065 email]
Is [2][Western Australia Police request email] the wrong address for
Freedom of Information requests to Western Australia Police? If so, please
contact us using this form:
[3]https://www.righttoknow.org.au/change_re...
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[4]https://www.righttoknow.org.au/help/offi...
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
References
Visible links
1. mailto:[FOI #7065 email]
2. mailto:[Western Australia Police request email]
3. https://www.righttoknow.org.au/change_re...
4. https://www.righttoknow.org.au/help/offi...
Dear Freedom Of Information SMAIL,
As far as I'm aware - Under FOIA 1982 an electronic address is sufficient. This email will suffice - otherwise I will contact you outside of this public requests platform (righttoknow.org.au).
Furthermore, perhaps you can clarify for me where FOIA 1982 and FOIA 1992 come into account for this, and subseqent requests. It is my (somewhat oblivious) understanding that both are applicable.
Much appreciated,
J M
Good morning,
Thank you for your email.
Under WA legislation (FOI) Act 1992 WA, requirements must be met to ensure
the application is valid.
Below is the Office of the Information Commissioner's - Information Sheet
'Requirements for a valid access application'. Point 2 - stipulates: Give
an address in Australia where notices can be sent, as a requirement to
make a valid access application under the Freedom of Information (FOI) Act
1992 WA.
Further information can be obtained via the following link:
[1]https://www.oic.wa.gov.au/en-au/FTP012
Section 12(1)(c) of the Freedom of Information act 1992.
12. Access application, form etc. of
(1) The access application has to —
(a) be in writing; and
(b) give enough information to enable the requested documents
to be identified; and
(c) give an address in Australia to which notices under this
Act can be sent; and
(d) give any other information or details required under the
regulations; and
(e) be lodged at an office of the agency with any application
fee payable under the regulations.
(2) The access application may request that access to the
documents be given in a particular way described in section 27(1).
(3) An application may be lodged by delivery by hand, post or
facsimile at an office of the agency to which it is directed.
(4) If an application is lodged with an agency by post it is
to be regarded as having been lodged with the agency at the end of the
fifth day after it was posted.
(5) If an application is lodged with an agency by facsimile it
is to be regarded as having been lodged with the agency on the day on
which it is transmitted.
I trust this information provides the clarification for the required
address.
Please also be advised WA Police Force Freedom of Information are not
associated with Right to Know, we recommend FOI applications be made
directly via the following link.
[2]https://www.police.wa.gov.au/Police-Dire...
Freedom of Information | Western Australia Police Force Locked Bag 20,
Perth Business Centre WA 6849
T: (08) 6229 5910
E: [Western Australia Police request email]
-----Original Message-----
From: J M <[FOI #7065 email]>
Sent: Tuesday, 16 February 2021 7:30 PM
To: Freedom Of Information SMAIL <[email address]>
Subject: Re: FOI 2021/0301 Freedom of Information request - Fines
breaching restrictions
Dear Freedom Of Information SMAIL,
As far as I'm aware - Under FOIA 1982 an electronic address is sufficient.
This email will suffice - otherwise I will contact you outside of this
public requests platform (righttoknow.org.au).
Furthermore, perhaps you can clarify for me where FOIA 1982 and FOIA 1992
come into account for this, and subseqent requests. It is my (somewhat
oblivious) understanding that both are applicable.
Much appreciated,
J M
-----Original Message-----
Good morning,
I refer to an application received at this office on 08 February 2021,
requesting access to documents under the Freedom of Information Act 1992
(the ‘Act’).
Your application is currently considered invalid under section 12 of the
FOI Act, as you have not provided an address in Australia to which
correspondence can be sent and payment.
This email is provided as an opportunity for you to provide our office an
Australian postal address and submit the $30.00 Non Personal Legislated
fee. (Please be advised this fee can not be waived)
12. Access application, form etc. of
(1) The access application has to —
(a) be in writing; and
(b) give enough information to enable the requested documents
to be identified; and
(c) give an address in Australia to which notices under this
Act can be sent; and
(d) give any other information or details required under the
regulations; and
(e) be lodged at an office of the agency with any application
fee payable under the regulations.
(2) The access application may request that access to the
documents be given in a particular way described in section 27(1).
(3) An application may be lodged by delivery by hand, post or
facsimile at an office of the agency to which it is directed.
(4) If an application is lodged with an agency by post it is
to be regarded as having been lodged with the agency at the end of the
fifth day after it was posted.
(5) If an application is lodged with an agency by facsimile it
is to be regarded as having been lodged with the agency on the day on
which it is transmitted.
Please provide an appropriate address by 18 February 2021. If our office
do not receive a response by this date your application will not be
progressed.
In the event of any further correspondence or enquiries on this matter,
please contact our office and quote FOI File Reference Number 2021/0301.
Please note that under the FOI Act, access applications can be dealt with
within 45 days from the date the application is made valid.
Yours sincerely,
Freedom of Information | Western Australia Police Force Locked Bag 20,
Perth Business Centre WA 6849
T: (08) 6229 5910
E: [Western Australia Police request email]
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #7065 email]
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[3]https://www.righttoknow.org.au/help/offi...
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
References
Visible links
1. https://www.oic.wa.gov.au/en-au/FTP012
2. https://www.police.wa.gov.au/Police-Dire...
3. https://www.righttoknow.org.au/help/offi...
Dear Freedom Of Information SMAIL,
Just to clarify:
is FOIA 1982 superseeded by FOIA 1992? (in WA)
I'm just noticing the original FOIA 1982 is structured in the same way as FOIA 1992, but has since been updated to include electronic mail as an example of an address.
Before I am able to make my request, I would appreciate clarification on why this request falls under FOIA 1992 and not FOIA 1982. I am not a law student by any means, so some understanding and guidance would be very much appreciated.
Once clarified, I will adjust my request to be rendered valid.
Yours sincerely,
J M
Good afternoon,
Thank you for your email.
I would like to assist you with your request - Section 10 of Western
Australian Freedom of Information Act 1992 provides the 'right of access
to documents' from our agency. Therefore, an address in Australia is
necessary for us to proceed your request under this legislation.
I trust the above information with our previous email clarifies that an
Australian address is a requirement to support your access to documents.
Freedom of Information | Western Australia Police Force Locked Bag 20,
Perth Business Centre WA 6849
T: (08) 6229 5910 E: [Western Australia Police request email]
-----Original Message-----
From: J M <[1][FOI #7065 email]>
Sent: Wednesday, 17 February 2021 1:38 PM
To: Freedom Of Information SMAIL
<[2][email address]>
Subject: RE: FOI 2021/0301 Freedom of Information request - Fines
breaching restrictions
Dear Freedom Of Information SMAIL,
Just to clarify:
is FOIA 1982 superseeded by FOIA 1992? (in WA)
I'm just noticing the original FOIA 1982 is structured in the same way as
FOIA 1992, but has since been updated to include electronic mail as an
example of an address.
Before I am able to make my request, I would appreciate clarification on
why this request falls under FOIA 1992 and not FOIA 1982. I am not a law
student by any means, so some understanding and guidance would be very
much appreciated.
Once clarified, I will adjust my request to be rendered valid.
Yours sincerely,
J M
-----Original Message-----
Good morning,
Thank you for your email.
Under WA legislation (FOI) Act 1992 WA, requirements must be met to ensure
the application is valid.
Below is the Office of the Information Commissioner's - Information Sheet
'Requirements for a valid access application'. Point 2 - stipulates: Give
an address in Australia where notices can be sent, as a requirement to
make a valid access application under the Freedom of Information (FOI) Act
1992 WA.
Further information can be obtained via the following link:
[1][3]https://www.oic.wa.gov.au/en-au/FTP012
Section 12(1)(c) of the Freedom of Information act 1992.
12. Access application, form etc. of
(1) The access application has to —
(a) be in writing; and
(b) give enough information to enable the requested documents
to be identified; and
(c) give an address in Australia to which notices under this
Act can be sent; and
(d) give any other information or details required under the
regulations; and
(e) be lodged at an office of the agency with any application
fee payable under the regulations.
(2) The access application may request that access to the
documents be given in a particular way described in section 27(1).
(3) An application may be lodged by delivery by hand, post or
facsimile at an office of the agency to which it is directed.
(4) If an application is lodged with an agency by post it is
to be regarded as having been lodged with the agency at the end of the
fifth day after it was posted.
(5) If an application is lodged with an agency by facsimile it
is to be regarded as having been lodged with the agency on the day on
which it is transmitted.
I trust this information provides the clarification for the required
address.
Please also be advised WA Police Force Freedom of Information are not
associated with Right to Know, we recommend FOI applications be made
directly via the following link.
[2][4]https://www.police.wa.gov.au/Police-Dire...
Freedom of Information | Western Australia Police Force Locked Bag 20,
Perth Business Centre WA 6849
T: (08) 6229 5910
E: [Western Australia Police request email]
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[5][FOI #7065 email]
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[6]https://www.righttoknow.org.au/help/offi...
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
References
Visible links
1. mailto:[FOI #7065 email]
2. mailto:[email address]
3. https://www.oic.wa.gov.au/en-au/FTP012
4. https://www.police.wa.gov.au/Police-Dire...
5. mailto:[FOI #7065 email]
6. https://www.righttoknow.org.au/help/offi...
Dear Western Australia Police,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Western Australia Police's handling of my FOI request 'Fines breaching restrictions'.
I fail to see why I am obligated to provide a physical address when my request to waiver fee was not responded to and the commonwealth FOIA has been amended to include an email address as an alternative to a physical address.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/f...
Yours faithfully,
J M
Dear JM
As you have not lodged a valid Freedom of Information (FOI) application,
you do not have any rights of review under the Freedom of Information Act
1992 (WA) (FOI Act).
You were informed, in email correspondence from this office on 11 February
2021, that your application was invalid as you had not provided an address
in Australia to which correspondence can be sent and had not paid the $30
application fee for a ‘non-personal application’, as legislatively
required under section 12 of the FOI Act.
If you wish to apply for documents of an agency within the State of
Western Australia, you will be required to comply with W.A. legislation.
Yours faithfully
Freedom of Information | Western Australia Police Force Locked Bag 20,
Perth Business Centre WA 6849
T: (08) 6229 5910
-----Original Message-----
From: J M <[1][FOI #7065 email]>
Sent: Tuesday, 4 May 2021 7:26 PM
To: Freedom Of Information SMAIL
<[2][email address]>
Subject: Internal review of Freedom of Information request - Fines
breaching restrictions
Dear Western Australia Police,
Please pass this on to the person who conducts Freedom of Information
reviews.
I am writing to request an internal review of Western Australia Police's
handling of my FOI request 'Fines breaching restrictions'.
I fail to see why I am obligated to provide a physical address when my
request to waiver fee was not responded to and the commonwealth FOIA has
been amended to include an email address as an alternative to a physical
address.
A full history of my FOI request and all correspondence is available on
the Internet at this address:
[3]https://www.righttoknow.org.au/request/f...
Yours faithfully,
J M
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[4][FOI #7065 email]
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[5]https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
References
Visible links
1. mailto:[FOI #7065 email]
2. mailto:[email address]
3. https://www.righttoknow.org.au/request/f...
4. mailto:[FOI #7065 email]
5. https://www.righttoknow.org.au/help/offi...