Freedom of Information Regulations 1993

The regulations concentrate on a small set of recurring administrative concepts the Act requires be specified: types of information (non‑personal), monetary charges, advance deposits, limited definitions used in decision‑making, mandatory complaint attachments and structural agency mappings. Each concept is defined or fixed numerically and must be read against the corresponding provisions of the Act.

Non‑personal information (regulation 2A)

• The regulations define non‑personal information as "information that is not personal information about the applicant" (r 2A). That term is used in regulation 4 which prescribes the application fee under s 12(1)(e) of the Act for applications for non‑personal information. The regulations therefore draw a bright line for the fee applicable to requests that are not for the applicant’s own personal information. The regulations do not prescribe a fee for requests for personal information; they only set the fee for non‑personal information.

Charges and fees (regulations 4-6, Schedule 1)

• Schedule 1 itemises the monetary amounts and rates the Act contemplates. The application fee for an application for non‑personal information is $30 (Schedule 1 item 1). The hourly charge for staff time, supervised access time, transcription and per‑hour photocopying time is $30 per hour (Schedule 1 item 2(a), (b), (c)(i), (d)); photocopying also carries a per‑copy charge of $0.20 (Schedule 1 item 2(c)(ii)). Charges for duplication of tapes, film or computer information and for delivery/packaging/postage are expressed as "Actual Cost" (Schedule 1 item 2(e) and (f)). Advance deposit percentages the agency may require under s 18 are 25% (initial) and 75% (further) of the estimated charges payable in excess of the application fee (Schedule 1 item 3(a) and (b); regulation 6 links these to s 18).

Discounts for eligible applicants (regulation 3)

• For applicants the agency regards as impecunious, or for holders of a Commonwealth pensioner concession card (or another prescribed pensioner concession card under the Rates and Charges (Rebates and Deferments) Act 1992), the charges payable under regulation 5 (the Schedule 1 charges) are reduced by 25% (r 3). Notably this reduction is expressed as applying to "the charge payable under regulation 5", i.e. the Schedule 1 charges, rather than to the application fee in regulation 4.

Prescribed personal details (regulation 9)

• Regulation 9 prescribes categories of personal details (as that phrase is used in Schedule 1 clause 3 of the Act) for two classes of persons: (1) current and former officers of an agency and (2) persons who perform or have performed services for an agency under a contract for services. The lists cover name, qualifications relevant to the position, the position/title, functions and duties as described in job descriptions or contracts, the nature of services provided, and "anything done by the person in the course of performing or purporting to perform" the functions or services "as described" in job descriptions or contracts (r 9(1)(a)-(e) and r 9(2)(a)-(f)). The regulations therefore fix a detailed scope for the "prescribed personal details" concept used by the Act.

Suitably qualified person (regulation 7)

• For the purpose of s 28 of the Act the regulations define "suitably qualified person" as a person registered under the Health Practitioner Regulation National Law (WA) in the medical profession (r 7). This is a targeted definitional choice that narrows the class permitted by the Act for whatever function s 28 addresses.

Complaint attachment (regulation 8)

• Regulation 8 requires that a complaint under s 66(1)(d) of the Act be accompanied by a copy of the agency’s notice of decision, except where the decision complained of is the result of non‑receipt of a decision under s 13(2). The regulation thereby makes a procedural document attachment a formal part of lodging such complaints.

Agency mapping (regulation 10 and Schedule 2)

• Regulation 10 and Schedule 2 declare numerous offices and bodies to be "not a separate agency" but part of a named agency under clause 2(4) of the Glossary to the Act. The schedule lists a long roster of boards, committees and bodies and the parent agency they are to be regarded as part of for FOI purposes. This affects where FOI responsibility sits and which body receives FOI requests and makes decisions.

These concepts are administrative and precise: the regulations set the numbers, percentages and lists that agencies and applicants must apply when acting under the Act. Where the regulations reference other statutes (for example, the Health Practitioner Regulation National Law (WA), the Health Services Act 2016, and the Rates and Charges (Rebates and Deferments) Act 1992), they do so to import definitional anchors or to identify entitlement to concessions.

The regulations create discrete consequences , financial and procedural , that affect identifiable groups. Reading the text yields the following principal stakeholders and how they are affected.

Applicants for information under the Act

• Applicants seeking non‑personal information face a prescribed application fee: $30 (regulation 4; Schedule 1, item 1). Where an applicant seeks information that is not their personal information, the $30 fee applies; the regulation explicitly ties the fee to "an application for non‑personal information" (r 4).
• Applicants who are impecunious (as judged by the relevant agency) or hold a Commonwealth pensioner concession card, or another card prescribed under the Rates and Charges (Rebates and Deferments) Act 1992, receive a 25% reduction in the charges prescribed in regulation 5 (r 3). The reduction is explicitly for "the charge payable under regulation 5", i.e. the Schedule 1 itemised charges, not the application fee.
• Applicants should expect to pay charges for staff time, supervised access, photocopying, transcription, duplication of audiovisual or computer material, and delivery/packaging/postage in accordance with Schedule 1 item 2. They may also be asked to pay advance deposits calculated as percentages of estimated charges above the application fee (Schedule 1 item 3; r 6 linking to s 18 of the Act).

Agencies and their FOI officers

• Agencies are obliged to apply these prescribed fees and charges when exercising their powers under the Act (r 5 links the Schedule 1 charges to s 16(1) of the Act). Agencies will also need systems to estimate charges, issue deposit demands (initial 25% and further 75% in specified circumstances), calculate concessions, and collect actual costs for duplication and delivery.
• Agencies determine whether an applicant is "impecunious" for the 25% reduction (r 3(a)). That creates a discretionary assessment task for agencies and an administrative compliance burden to document and justify such determinations.
• Agencies must attach or keep on file the job descriptions and contracts that support the "prescribed personal details" lists (r 9) because the regulation ties the prescribed details to "as described in any job description document" or "as described in the contract". That affects record‑keeping and release assessments.

Officers and contractors whose details may be disclosed

• Regulation 9 prescribes a range of details about agency officers and contractors which count as "prescribed personal details" under the Act’s Schedule 1 clause 3. The persons affected include current and former officers and persons who perform services under a contract for services. The list includes name, relevant qualifications, position title, functions and duties (as described in job descriptions or contracts), and "anything done" in the course of performing those duties as described in the relevant documents (r 9(1)(a)-(e) and r 9(2)(a)-(f)). Those persons therefore have a predictable scope of personal details that the Act treats in a particular way; agencies and requestors must apply the Act’s rules against this specified list.

Health service providers

• Regulation 9A declares that for the Act’s definition of "principal officer" (Glossary clause 1 paragraph (f)), a principal officer of a health service provider established under the Health Services Act 2016 s 32(1)(b) is the chief executive as defined in s 6 of that Act (r 9A(1)). The rule applies regardless of whether the provider is board‑governed or chief executive‑governed (r 9A(2)). This directs FOI responsibility and decision‑making roles within health service providers.

Bodies and committees listed in Schedule 2

• A wide range of boards, committees, advisory bodies and tribunals listed in Schedule 2 are declared by regulation 10 to be parts of larger agencies rather than separate agencies for FOI purposes. That affects the locus of FOI administration for those bodies: an FOI request that might appear to be directed at a body in Schedule 2 is instead treated as within the parent agency named in Column 1. Practitioners and applicants must check Schedule 2 to identify the correct agency contact and decision‑maker.

Practitioners and advisers

• Lawyers, accountants, compliance officers and journalists who advise clients on FOI should note the monetary and procedural settings the regulations prescribe: application fee for non‑personal requests, the applicable per‑hour rates and per‑copy costs, deposit percentages, the 25% concession on charges (not necessarily on the application fee), the specific duties around complaints (r 8), and the definitional anchors for "suitably qualified person" and "principal officer". They must also note that Schedule 2 is actively amended and that departmental designations in the Notes may be altered by separate orders.

In short, the regulations primarily affect applicants (through fees and deposits), agencies (through charge calculation, concession discretion and mapping of services), and named individuals (whose professional details are prescribed). The primary administrative decision‑makers the regulations create are agencies who determine impecuniosity, calculate estimated charges and request deposits under s 18, and treat specified bodies as part of parent agencies under Schedule 2.

The regulations allocate a set of duties to agencies and set out rights and entitlements for applicants that affect how the Act is operationally executed. These duties and rights are narrow in scope: fees, charges, definitional rules and procedural attachments.

Agency duties

• Apply prescribed fees for non‑personal FOI applications. Regulation 4 prescribes the application fee under section 12(1)(e) of the Act for applications for non‑personal information (Schedule 1 item 1 , $30). Agencies are therefore required to accept and process the application fee for such requests in accordance with the Act.
• Charge in accordance with Schedule 1 when authorised under the Act. Regulation 5 prescribes that the charges set out in Schedule 1 item 2 are payable under s 16(1) of the Act. Those charges include staff time, supervised access time, photocopying time and per copy fees, transcription time and actual costs for duplication and delivery. Agencies therefore must calculate and demand these charges where the Act permits.
• Require advance deposits. Regulation 6 prescribes the amount or rate of an advance deposit agencies may require under section 18(1) and (4) of the Act, as the percentages set out in Schedule 1 item 3 (25% initial deposit and 75% further deposit of estimated charges in excess of the application fee). Agencies must apply s 18 of the Act and these percentages when deciding to require deposits.
• Determine and apply the 25% concession to charges. Regulation 3 requires agencies to reduce by 25% the charges payable under regulation 5 for applicants they deem impecunious or for pensioner concession card holders (the latter as defined under the Rates and Charges (Rebates and Deferments) Act 1992). Agencies therefore carry the administrative duty to assess impecuniosity and to apply the reduction to the Schedule 1 charges.
• Demand supporting documentation for complaints under s 66(1)(d). Regulation 8 mandates agencies to expect complaints under section 66(1)(d) of the Act to be accompanied by a copy of the agency’s notice of decision, except where the complaint concerns non‑receipt of a decision under s 13(2). Agencies must therefore include the decision notice when forwarding materials for review or considering the completeness of a complaint.
• Treat specified offices as parts of agencies. Under regulation 10 and Schedule 2, agencies must treat the listed offices and bodies as parts of the named parent agency, not separate agencies. Administratively this changes the duty to receive and process FOI requests for those bodies.

Applicant rights and obligations

• Right to access subject to fees and Act exemptions. Applicants have the right to make FOI applications under the Act; the regulations specify the fee payable for non‑personal information (r 4, Schedule 1 item 1) and the charges that may follow (r 5, Schedule 1 item 2). The regulations do not, by themselves, change the substantive access rights in the Act; they prescribe the costs associated with exercising those rights.
• Entitlement to the 25% charge reduction in specified circumstances. Applicants who are judged impecunious by an agency, or who hold the specified pensioner concession card, are entitled to a 25% reduction of the charges under regulation 5 (r 3). The regulation places on the applicant the practical requirement of demonstrating eligibility for that concession if the agency so requests, although the regulation itself does not list the evidentiary steps an applicant must take.
• Requirement to include a copy of the agency decision when lodging a complaint under s 66(1)(d). Regulation 8 imposes an applicant obligation when complaining: the complaint is to be "accompanied by a copy of the agency’s notice of its decision" except where the complaint arises from non‑receipt of a decision under s 13(2).
• Rights tied to definitions. The regulations define certain terms that affect applicants’ entitlements to particular processes. For example, an applicant whose request is for their own personal information may not attract the $30 "non‑personal" application fee (r 4 applies only to applications for non‑personal information), and any determination by an agency that the request is for non‑personal information will therefore alter the fee outcome.

Other operational requirements

• Recordkeeping and document reliance. Regulation 9’s repeated references to "job description documents" and "the contract" as the source of what constitutes prescribed personal details (r 9(1)(d)-(e); r 9(2)(d)-(f)) place an indirect duty on agencies to maintain, and be able to produce, the job descriptions and contract documentation relied upon when determining whether particular information qualifies as prescribed personal details for the purposes of the Act.
• Use of external statutory registers for qualification status. Regulation 7 relies on registration under the Health Practitioner Regulation National Law (WA) as the test for "suitably qualified person". Agencies referring matters to a suitably qualified person under s 28 must therefore check registration under that national law.

Scope limitations in the regulations

• The regulations do not alter the Act’s substantive exemptions or the Act’s internal penalty or review mechanisms. The regulations are procedural and financial: they implement the Act by naming amounts, percentages and definitional anchors. The regulations do not themselves create penalty provisions or change the Act’s access, exemption and review framework; they operate in support of those provisions by prescribing how certain administrative tasks are to be carried out.

In sum, the regulations allocate to agencies the duty to implement prescribed fees, charges and deposits; they direct applicant entitlements to concessions in defined circumstances; and they specify definitional and procedural anchors that affect FOI processing. The practical effect is an administrative toolbox the Act uses to deliver and charge for access to government information.

The regulations do not create or set out new criminal sanctions, pecuniary penalties or independent enforcement mechanisms. Their function is prescriptive and administrative: they set fees, prescribe what counts as particular kinds of information and require certain procedural steps when lodging complaints. A close reading of the regulations shows:

• No express penalty provisions are included. The text of the Freedom of Information Regulations 1993, as compiled here, contains no clause imposing fines, imprisonment or civil penalties for non‑compliance with the regulations themselves.
• The regulatory obligations feed into the Act’s regime. Where the regulations reference sections of the Act (for example s 12(1)(e), s 16(1), s 18, s 28 and s 66(1)(d)), enforcement of the conduct those regulations describe is likely to be through the Act’s own review and compliance architecture rather than by the regulations creating separate sanctions. The regulations repeatedly use language such as "is prescribed" or "is declared", which sets binding administrative rules to be followed under the Act but does not in itself create new penalty mechanisms within the regulations.
• Agency discretion and internal administrative consequences. The regulations place discretionary tasks on agencies , for example, the agency must determine if an applicant is impecunious for the purposes of the 25% reduction (r 3(a)). Non‑compliance with these regulatory duties by an agency may be addressed through the Act’s review mechanisms (internal review, external review by tribunals or courts under the Act), rather than by a novel regulatory enforcement instrument within the regulations.
• Procedural consequences for applicants. The regulations make certain procedural steps prerequisites for effective review. Regulation 8 requires that a complaint under s 66(1)(d) be accompanied by a copy of the agency’s notice of decision, except where the complaint concerns non‑receipt under s 13(2). If a complainant fails to attach the required documentation, their complaint may be treated as incomplete or defective under the procedural rules of the Act and the receiving body, which could lead to rejection or delay. That is a procedural enforcement effect, but it flows from the Act’s complaint and review processes rather than from a punitive clause in the regulations themselves.

Practical implications

• Because the regulations set financial and documentary thresholds (fee amounts, deposit percentages, and complaint attachment requirements), the operational consequence of non‑compliance is primarily administrative: delays, requests for further information, refusal to act until fees/deposits are paid, or procedural dismissal of a complaint for lack of the required attachments. These are consequences supervised under the Act’s decision and review mechanisms.
• Agencies should ensure compliance with the regulations to avoid procedural defects that may prompt review under the Act. Applicants should comply with the fee and documentation rules the regulations impose to avoid their requests or complaints being delayed or treated as deficient.

In short, the regulations are silent on standalone penalties and rely on the Act’s broader framework and ordinary administrative consequences to enforce their provisions. The regulations impose binding administrative duties and set out financial obligations, but they do not themselves create a specific enforcement regime separate from the Act.

The Freedom of Information Regulations 1993 operate by cross‑reference to other statutes and instruments. The regulations themselves explicitly import definitions and entitlement links from other acts and orders, and Schedule 2 interacts with multiple departmental designation instruments. Key interactions in the text include:

Freedom of Information Act 1992

• The regulations exist solely to give effect to particular sections of the FOI Act. They reference the Act repeatedly: reg 4 prescribes the application fee under s 12(1)(e); reg 5 prescribes charges under s 16(1); reg 6 prescribes deposit rates for s 18(1) and (4); reg 7 defines a term for s 28; reg 8 specifies what must accompany a complaint under s 66(1)(d); reg 9 refers to "Act Schedule 1 clause 3". In practical terms, the regulations cannot be read independently of the Act, because they implement and clarify specific Act provisions.

Rates and Charges (Rebates and Deferments) Act 1992

• Regulation 3(b) links the pensioner concession card concept to cards "issued on behalf of the Commonwealth to that person, or any other card which may be prescribed as being a pensioner concession card under the Rates and Charges (Rebates and Deferments) Act 1992". This imports into the FOI concessions regime whatever other card types are prescribed under the Rates and Charges Act for pensioner concessions. The practical effect is that eligibility for the 25% reduction can be tied to entitlement definitions found in the Rates and Charges Act, not exclusively to Commonwealth practice.

Health Practitioner Regulation National Law (Western Australia)

• Regulation 7 defines "suitably qualified person" (for s 28 of the Act) as "a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession". The regulations therefore import the national registration framework as the test for who can act as a suitably qualified person under the Act, tying FOI procedural referrals (for example, to qualified medical assessors) to the national registration regime.

Health Services Act 2016

• Regulation 9A declares that for the Act’s definition of "principal officer", the principal officer of a health service provider established under the Health Services Act 2016 s 32(1)(b) is the chief executive defined in s 6 of that Act. Regulation 9A(2) applies that declaration whether the provider is board governed or chief executive governed. That ties the FOI principal officer concept to the internal governance definitions in the Health Services Act.

Alteration of departmental designations and other administrative orders

• The Notes and footnotes attached to the compiled regulation text show multiple interactions with Public Sector Management Act 1994 alteration orders and other designation orders. Several footnotes advise that a reference to a former department name should be read as a reference to a renamed or re‑designated department (for example, Department for Child Protection change to Department for Child Protection and Family Support; Department for Communities to Department of Local Government and Communities; Office of Energy to Department of Finance). Those notes mean that Schedule 2’s mapping must be interpreted in the context of current departmental designations as altered by separate orders. Practitioners must therefore consult the current designation orders when locating the correct parent agency.

Schedule 2 and other Acts establishing boards and tribunals

• Many of the bodies listed in Schedule 2 are created or described by other statutes (for example, the Western Australian Industrial Relations Commission and its boards, tribunals linked to particular Acts, medical and licensing boards). Regulation 10’s declaration that the bodies are not separate agencies but parts of the named agency carries consequences for statutory bodies established under other Acts: FOI responsibility may sit with the parent agency rather than the separate statutory body, per the regulation’s declaration. Where a statutory body’s enabling Act assigns functions or roles, practitioners must reconcile those enabling provisions with regulation 10’s declaration.

Gazette amendments and statutory instruments

• The Compilation table and the footnotes record multiple instruments amending the regulations, including special SL (statutory law) instruments and Attorney General Regulations Amendment instruments. Those instruments may themselves have been promulgated under other statutory powers, meaning the FOI regulations’ current form is the product of other legislative instruments referenced in the Compilation table. Practitioners should consult the compilation history entries (the Notes) and the Gazette references enumerated in the regulations to ensure they are applying the current version.

Practical interaction principles

• The regulations import definitions and entitlements from other statutes; therefore, in any FOI matter touching on health practitioners, health service providers, pensioner concession entitlements, departmental designations or bodies established under other Acts, practitioners must consult the relevant external statute in parallel with the regulations. For example, to determine whether a medical practitioner is "suitably qualified" under r 7, the agency will need to check the Health Practitioner Regulation National Law (WA) register; to determine entitlement to a pensioner concession under r 3(b), agencies will need to consult the Rates and Charges Act’s prescriptions; and to determine who is the "principal officer" for a health service provider the Health Services Act 2016 s 6 must be consulted in light of r 9A.

In summary, the regulations work as a technical layer on top of the FOI Act and intersect directly with particular external statutes where procedural anchors or eligibility tests are required. Practitioners must therefore read the regulations in tandem with the Act and those external statutes the regulations expressly reference.

The compiled regulations and the Notes document an active amendment history. The regulations have been amended several times, with specific insertions and substantive changes flagged in the body of the text and the compilation table. Key milestones and the textual evidence for them are as follows:

Creation and early amendments

• The Freedom of Information Regulations 1993 were originally published 22 October 1993 and commenced 1 November 1993 (Compilation table entry for Freedom of Information Regulations 1993, Gazette references). Early 1993 and 1994 amendments are recorded: the Freedom of Information Amendment Regulations 1993 (12 November 1993) and the Freedom of Information Amendment Regulations 1994 (30 September 1994). The Schedule 1 headings and items reflect amendments recorded at Gazette dates (reg 4 amended: Gazette 12 Nov 1993; 30 Sep 1994).

Insertion of definitions and schedules

• Regulation 2A (definition of non‑personal information) was inserted with Gazette 30 Sep 1994 p. 4983 (the regulation text itself notes “[Regulation 2A inserted: Gazette 30 Sep 1994 p. 4983]”).
• Regulation 9 (prescribed personal details) was similarly inserted on 30 Sep 1994 (reg 9 inserted: Gazette 30 Sep 1994 p. 4983‑4).
• Schedule 1 has a history of amendment with the heading and items altered in 1993 and 1994 (Schedule 1 formerly Schedule, amended Gazette references, and footnote in the compilation table).

Mid‑2000s and 2007 schedule changes

• Amendments occurred in 2006 and 2007: Freedom of Information Amendment Regulations 2006 (27 Dec 2006, commencing 1 Jan 2007) and Freedom of Information Amendment Regulations 2007 (28 Dec 2007). Notably Schedule 2 was inserted on 28 Dec 2007 (see insertion note for Schedule 2 , Gazette 28 Dec 2007 p. 6415).

2012-2013 amendments

• Various 2012 instruments amended the regulations: Freedom of Information Amendment Regulations (No. 2) 2012 (6 Mar 2012), Freedom of Information Amendment Regulations 2012 (6 Mar 2012), and Freedom of Information Amendment Regulations (No. 3) 2012 (7 Dec 2012). The compilation table records Reprint 1 and Reprint 2 incorporating earlier amendments up to 2013.
• Amendments in 2013 are recorded (Freedom of Information Amendment Regulations 2013 (5 Feb 2013), Freedom of Information Amendment Regulations (No. 2) 2013 (24 Sep 2013)).

2019, 2021, 2022, 2024 and 2026 amendments

• Freedom of Information Amendment Regulations 2019: Gazette 26 Jul 2019 p. 2955‑6; regulation 8 was amended by Gazette 26 Jul 2019 p. 2955 (the regulation text itself notes “[Regulation 8 amended: Gazette 26 Jul 2019 p. 2955]”).
• Regulation 7 (suitably qualified person) was amended in Gazette 6 Mar 2012 p. 893 (the regulation text notes this).
• Regulation 9A (principal officer of health service provider) was inserted by SL 2021/9 r. 4 (the regulation text notes “[Regulation 9A inserted: SL 2021/9 r. 4]”).
• Schedule 2 has been amended repeatedly: entries in Schedule 2 list amendment references through 2012, 2013, 2019 and a series of statutory law instruments SL 2021/61, SL 2021/127, SL 2022/5, SL 2022/27, SL 2022/97, SL 2024/173 and SL 2026/30 (Schedule 2 insertion and amendment references at the foot of the schedule).
• The Compilation table records Freedom of Information Amendment Regulations 2021 (SL 2021/9), Freedom of Information Amendment Regulations (No. 2) 2021 (SL 2021/61), Freedom of Information Amendment Regulations 2022 (SL 2022/5), and further instruments including SL 2022/27, SL 2022/97, SL 2024/173 and SL 2026/30. The compilation table entries list commencement dates for r 1 and r 2 separately from other regulations, reflecting standard practice for commencement provisions.

Textual annotations indicating amendment timing and content

• Several regulations contain bracketed editorial notes citing the Gazette or statutory instrument that inserted or amended the regulation (for example [Regulation 2A inserted: Gazette 30 Sep 1994 p. 4983], [Regulation 7 amended: Gazette 6 Mar 2012 p. 893], [Regulation 9A inserted: SL 2021/9 r. 4]). Those notes provide direct textual evidence for when particular clauses were added or amended.
• The Compilation table at the end of the document consolidates the instruments and their publication/commencement details, showing a steady pattern of updates over more than three decades.

Practical consequences of the amendment history

• Schedule 2’s repeated amendments demonstrate that the mapping of bodies to parent agencies is actively maintained and subject to frequent change; practitioners must therefore check the current reprint or the online consolidated version to determine the correct agency mapping at the time of an FOI request.
• Insertions such as regulation 2A (1994), regulation 9 (1994), regulation 7 (amended 2012) and regulation 9A (inserted 2021) show that the regulations have been used to clarify definitional and procedural matters as the surrounding administrative and health governance frameworks have evolved (for example the Health Services Act 2016 reference in r 9A).

The amendment history in the compilation table and the in‑text amendment notes provide the authoritative trail practitioners must consult to determine which version of the regulations applies to a given FOI application or review.

The compiled text of the Freedom of Information Regulations 1993 does not include any cases, judgments or litigation summaries. The regulations are a statutory instrument and do not themselves report or annotate judicial decisions. The document contains:

• No references to judicial decisions or court rulings.
• No in‑text citations to tribunal decisions or precedent.
• No litigation annotations in the Notes or Compilation table.

What the absence means operationally

• Because the regulations do not identify litigation, practitioners who require litigation context , for example, how courts or tribunals have interpreted the Act’s fee provisions, the application of prescribed personal details under Schedule 1 clause 3, or the practical effect of advance deposit requirements , must consult external legal databases, tribunal decisions and case law on the FOI Act. The regulations themselves are silent on how particular disputed factual or legal issues have been resolved by courts or tribunals.
• The regulations do, however, reference specific statutory provisions in other Acts (for example the Health Practitioner Regulation National Law (WA) and the Health Services Act 2016) that may be the subject of litigation separately; for litigation on those statutes, one would need to consult the case law under those regimes.

Where to look for litigation and precedents

• For interpretation disputes about the operation of the Act and these regulations, relevant sources would include decisions of the State Administrative Tribunal, the courts (depending on the appeal route specified in the FOI Act), and any published decisions binding or persuasive in Western Australia. The regulations themselves provide no pointers to such cases; practitioners must search tribunal and court databases, decisions under the FOI Act, and commentary.

In short, the regulations contain no litigation history or case law references. Any application or challenge arising under the Act and these regulations must therefore be informed by external case law research.

Several practical traps and non‑obvious operational consequences are embedded in the text. These are matters lawyers, agency FOI officers and applicants commonly need to watch for because the regulations’ language has precise scope and effect.

1. The application fee is only for non‑personal information (regulation 4 and regulation 2A)

• Regulation 4 prescribes the application fee under s 12(1)(e) specifically "for an application for non‑personal information" and regulation 2A defines non‑personal information as "information that is not personal information about the applicant". The gotcha is that requests for the applicant’s own personal information are not subject to the $30 application fee under regulation 4, because r 4 applies only to non‑personal requests. Practitioners must verify whether a request is for the applicant’s own personal information before charging the $30 fee.

2. The 25% concession applies to regulation 5 charges, not the application fee (regulation 3)

• Regulation 3 reduces "the charge payable under regulation 5" by 25% for impecunious applicants or pensioner concession card holders. Because regulation 4 sets the application fee and regulation 5/Schedule 1 sets the other charges, the concession does not expressly reduce the $30 application fee. Applicants and advisers should not assume the application fee will be reduced; the concession applies to the Schedule 1 charges prescribed under regulation 5.

3. Agencies decide "impecunious" status (regulation 3(a))

• The regulations leave the determination of impecuniosity to the "opinion of the agency". That is a discretionary and unelaborated test. Practitioners should anticipate evidentiary and procedural disputes about how agencies apply that discretion and be prepared to argue for consistency and fairness in agency practice.

4. Advance deposits are percentages of charges "in excess of the application fee" (Schedule 1 item 3)

• Both the initial 25% deposit and the further 75% deposit are described as percentages of the estimated charges "which will be payable in excess of the application fee" (Schedule 1 item 3). Practically this requires agencies to estimate the total charges first, deduct the application fee, then calculate percentages. Mis‑calculation or failure to explain the arithmetic clearly can create procedural challenges.

5. Wide scope for "prescribed personal details" tied to job descriptions and contracts (regulation 9)

• Regulation 9’s wording includes "anything done by the person in the course of performing or purporting to perform the person’s functions or duties as an officer as described in any job description document" (r 9(1)(e)) and similar language for contractors (r 9(2)(f)). That phrasing expands the class of information treated as "prescribed personal details" to include acts "in the course of performing" as described in job descriptions or contracts. The practical effect is that agencies will need to rely on the text of job descriptions and contracts to determine whether particular acts fall within the prescribed list. If job descriptions are vague or missing, classification decisions may be contested.

6. "Suitably qualified person" is narrowly defined for s 28 (regulation 7)

• For section 28 purposes, "suitably qualified person" is limited to a person registered under the Health Practitioner Regulation National Law (WA) in the medical profession. That can be unexpectedly narrow in cases where the Act envisages other professionals; practitioners must check whether s 28 referrals require persons outside the medical profession, as the regulation fixes the requirement for medical registration.

7. The complaint attachment requirement is mandatory except in a narrow exception (regulation 8)

• Regulation 8 requires a copy of the agency’s notice of decision accompany a complaint against an agency decision under s 66(1)(d), unless the complaint concerns the non‑receipt of a decision under s 13(2). A complainant who fails to include that notice may face procedural rejection or delay. Practitioners should ensure the decision notice is attached to the complaint or ensure the complaint properly references the non‑receipt exception in s 13(2).

8. Schedule 2 changes the locus of FOI responsibility for many statutory bodies (regulation 10 and Schedule 2)

• Schedule 2 declares many bodies to be part of parent agencies. A common mistake is directing FOI requests to a named board or committee listed in Schedule 2 rather than to the designated parent agency. That may delay processing because the correct agency needs to be identified. Practitioners should check the current consolidated Schedule 2 for the up‑to‑date mapping because Schedule 2 has been frequently amended.

9. Departmental renamings and alteration orders in the Notes affect interpretation

• The Notes record various alteration of designation orders under the Public Sector Management Act and other instruments. For example, a reference to the Department for Communities, at a given time, is to be read as a reference to the Department of Local Government and Communities unless context requires otherwise. This means that relying on an out‑of‑date departmental name in Schedule 2 or other parts of the regulations can result in misdirected correspondence.

10. Actual cost items can be materially larger than per hour rates

• Schedule 1 item 2(e) and (f) list actual cost recovery for duplication of tapes/computer information and for delivery, packaging and postage. Agencies may pass on substantial third‑party costs for specialist duplication or secure delivery. Requestors and advisers should not assume total charges will be limited to the $30 per hour staff rate and the $0.20 per copy; actual costs for specific services may be sizeable.

Being aware of these "gotchas" will reduce common procedural errors: check whether a request is for non‑personal information before charging the $30 application fee; do not assume the 25% concession applies to the application fee; expect agencies to decide impecuniosity; ensure the correct agency is identified per Schedule 2; and attach the decision notice when lodging a complaint under s 66(1)(d).

This section sets out practical steps for both agencies and applicants to comply with the regulations’ prescriptions, grounded in the text (regulations 2A-10 and Schedule 1-2). It focuses on the concrete actions the regulations require and the record‑keeping or decision processes that follow from those actions.

For applicants

1. Determine whether the request is for non‑personal information

• Check whether the information sought is personal information about you. Regulation 2A defines non‑personal information as information that is not personal information about the applicant. If the request is for non‑personal information, be prepared to pay the application fee of $30 set out in Schedule 1 item 1 (reg 4). If it is for your personal information, r 4’s $30 fee does not apply.

2. Prepare to pay the application fee and potential additional charges

• For non‑personal requests, include the $30 application fee with the application or follow the agency’s payment instructions. Expect that, beyond the application fee, the agency may charge for staff time, supervised access, photocopying (20 cents per copy plus staff time), transcription and other actual costs set out in Schedule 1 item 2. Agencies may require an advance deposit calculated as percentages of estimated charges above the application fee (initial 25% and further 75% in specified circumstances per Schedule 1 item 3 and regulation 6).

3. If eligible, claim the 25% concession

• If you are impecunious (and can satisfy the agency’s process) or hold a Commonwealth pensioner concession card (or an equivalent card prescribed under the Rates and Charges (Rebates and Deferments) Act 1992), you are entitled to a 25% reduction of the charges prescribed under regulation 5 (r 3). Provide the agency with the documentation it requires for the pensioner card or, where the agency seeks evidence of impecuniosity, whatever evidence is requested.

4. Be prepared for advance deposits and estimates

• Agencies may issue an estimate of charges. The initial deposit can be 25% of the estimated charges above the application fee; in certain circumstances a further deposit of 75% may be required (Schedule 1 item 3). Ask the agency to explain and itemise the estimate so you can assess the reasonableness of the deposit demand.

5. When lodging a complaint under s 66(1)(d)

• If you lodge a complaint against an agency’s decision under s 65(1) of the Act and invoke s 66(1)(d), attach a copy of the agency’s notice of decision unless your complaint is about the non‑receipt of a decision under s 13(2) (regulation 8). Failure to attach the notice may render your complaint incomplete.

For agencies and FOI officers

1. Apply the prescribed fees and charges consistently

• Charge the $30 application fee for non‑personal information requests (reg 4, Schedule 1 item 1). Apply the Schedule 1 item 2 charges for staff time ($30 per hour or pro rata), supervised access ($30 per hour), photocopying (20c per copy plus staff time), transcription ($30 per hour), and recover actual costs for duplication and delivery where relevant (Schedule 1 item 2).

2. Manage deposit processes in line with Schedule 1 and s 18

• When the agency determines that a deposit is appropriate under s 18, calculate deposits as prescribed: initial 25% of estimated charges above the application fee and possible further deposit of 75% in the circumstances s 18(4) contemplates (regulation 6; Schedule 1 item 3). Document how estimates are made and the arithmetic used , the Schedule 1 wording requires that the percentage applies to charges "in excess of the application fee".

3. Decide and document impecuniosity determinations

• Regulation 3 allows agencies to grant a 25% reduction on regulation 5 charges for applicants the agency regards as impecunious. Because the regulation makes this an agency opinion, develop and apply a consistent internal policy for assessing impecuniosity, record the basis of the decision, and keep evidence or notes to support any concession given.

4. Maintain and rely upon job descriptions and contracts

• Regulation 9 explicitly ties the "prescribed personal details" list to the content of job description documents and contracts. Agencies should ensure job descriptions and contracts are up to date and readily accessible when processing FOI requests involving personal details of officers or contractors. Keep a record of how each item of information maps to the job description or contract clause cited when making release decisions.

5. Implement the "suitably qualified person" test for s 28 referrals

• Where section 28 of the Act requires referral to a "suitably qualified person", check whether the referral must be to a person registered under the Health Practitioner Regulation National Law (WA) in the medical profession, as defined by regulation 7. Maintain a process to verify registration status under that national law.

6. Ensure complaint-processing systems accept required attachments

• When processing complaints under s 66(1)(d), ensure complaint lodgement systems require and record a copy of the agency’s notice of decision except where the complaint concerns non‑receipt under s 13(2). This reduces incomplete complaints and supports efficient handling.

7. Use Schedule 2 to identify the correct agency for a request

• Reference Schedule 2 to determine whether a board, committee or body is to be regarded as part of a parent agency for FOI purposes (regulation 10). Update internal contact points and public guidance to ensure FOI requests are directed to the correct parent agency. Note that Schedule 2 is regularly amended; check the most recent consolidated regulations or Gazette notices.

8. Keep abreast of designation changes and external statutory definitions

• The Notes show that departmental names and designations can be altered by separate orders. Ensure your FOI contact points and public advice reflect current departmental designations and that definitions imported by the regulations (for example under the Health Services Act 2016 for principal officer in r 9A) are applied in accordance with the relevant statute.

9. Provide transparent estimates and itemisations

• When issuing an estimate of charges or requesting a deposit, itemise the components (staff time at the hourly rate, number of copies at $0.20, any actual costs for duplication) so applicants can verify the calculation. This will reduce disputes and speed processing.

10. Train staff on the narrow scopes and exceptions

• Train FOI officers and frontline staff on the narrow scopes in the regulations: the $30 fee applies only to non‑personal applications, the 25% concession applies only to the Schedule 1 charges, and regulation 9 ties prescribed personal details to the content of job descriptions and contracts. Ensure staff understand and can explain why these distinctions matter during intake and decision‑making.

Following these steps aligns agency practice with the regulations’ prescriptions and reduces the procedural errors and disputes that arise from misapplication of fees, deposits, definitions and complaint requirements.