Access to documents held by RSPCA Inspectors

You can request access to documents held by RSPCA WA General Inspectors relating to their work under the Animal Welfare Act 2002 by making an Access Application under the Freedom of Information Act 1992 (FOI Act). Depending on the nature of your request, fees may be applicable. There are also some exemptions and limitations on the kind of information that can be released.

Certain information about the work of RSPCA WA Inspectors can be released under the FOI Act. This can include some types of information about their work in response to a cruelty report. 

 

FOI Access Application process

You can lodge an Access Application with RSPCA WA by emailing us, stating that you would like to make an FOI Access Application.

Your email should contain the following:

1. A request with enough details to ensure that the document(s) you would like to access can be identified, including property details, animal details and/or relevant dates. You should describe the documents that you seek as precisely as possible;
2. An Australian address, which can be an email address, to which notices can be sent; and
3. Proof of your identity such as a copy of your driver's licence.

If you do not have access to email, you can submit an Access Application in person at RSPCA WA's premises or by post. In each case, the same details are required.

 

Exemptions

The FOI Act contains specific exemptions and limitations which can restrict the release of certain details or documents. Some documents which, if released, would hinder the proper functioning of the Inspectorate work, or would have an adverse effect on the private or business interests of individuals. These documents are protected from disclosure.

Exemptions under FOI Act may prevent the release of:

• personal information about third parties or businesses;
• certain aspects of law enforcement activities.

Applicants should be aware that generally 'personal information' relating to people who make reports to RSPCA WA cannot be released. 'Personal Information' includes information that can be used to identify a person such as the person's name and contact details.

More information can be found on the Office of the Information Commissioner website.

 

Fees

If you are seeking to obtain personal information that is only about you, there is no application fee.

An application fee of $30 is payable for applications which are not limited to personal information about you as the access applicant. These are called applications for non-personal information. Once we assess and receive your Access Application, RSPCA WA will provide you with bank details so that payment can be made, Please note that the payment of the fee does not guarantee disclosure of information and your Access Application will still need to be assessed.

In some cases, RSPCA WA may impose further charges calculated under the Freedom of Information Regulations 1993 for the costs of processing an Access Application. 

If you are in a situation of financial hardship or the holder of a currently valid pensioner concession card issued on behalf of the Commonwealth, or any other pensioner concession card, RSPCA WA may reduce the fees and charges by 25%.

Your Access Application will be processed only once any applicable fees are received. 

 

Decision

From the date that a valid Access Application is lodged (including relevant fee payment) RSPCA WA has 45 calendar days to issue a Notice of Decision. In certain circumstances, this timeframe may be extended.

 

Review

If you are not satisfied with the FOI decision made in response to your Access Application you may lodge a complaint with the Information Commissioner. Your notice of decision will contain the information you need to know regarding your review rights.