Reid Highway Works
Dear Main Roads Western Australia,
I am making a FOI request for information pertaining to the Georgiou Tender Package relevant to the Reid Highway extension works between Marmion Avenue and the Freeway.May I please have a copy of the Georgiou Tender Packaage.
Yours faithfully,
Callan Drummond
0459 146 577
Dear Callan,
Thank you for your email regarding your FOI request.
Please note all requests must be applied for via our FOI application form which can be found here: https://www.mainroads.wa.gov.au/AboutMai...
Kind regards
Karen
Customer Information Centre
p: 138 138
w: www.mainroads.wa.gov.au<http://www.mainroads.wa.gov.au/>
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Locutus Sum left an annotation ()
I think that officer Karen meant to say "we LIKE it if you make your FOI request with the use of our form", instead of "all requests must be applied for via our FOI application form which can be found here". I know this because it is not true that you must make your request using the form. The Main Roads department is not permitted to change the law and Freedom of Information Act 1992 (Western Australia) explains at s 12 how an application is to be made. And it does not say you must use a form. However, it does say that an FOI application "may be lodged by delivery by hand, post or facsimile at an office of the agency to which it is directed". There are two important things here. Number 1, "may" says that an applicant is permitted to use these methods of lodgement and a lodgement by and of the methods described will be valid. Number 2: "may" is not "has to", so it is probably open to an agency to accept a lodgement via email (like Right to Know) but an agency is not required to accept lodgement by any method other than the listed methods. This does not help the applicant directly but it would be very useful if the people who responded to FOI requests had a basic training in the demands of the law that they administer.
Note to the applicant: A valid FOI request in Western Australia requires that you pay a fee. There are other requirements about the information that you must give and it is useful to get a good understanding of these requirements first. I suggest that you have a look at the web page that the officer mentions. Sometimes after you have paid the fee, an agency will accept the email request even though it is not required for them to do this.