Freedom of Information Act 1992 Information statement Updated July 2012 Department of Agriculture and Food Freedom of Information Information statement Document details Security classification: Public Date of review: 30 January 2013 Authority: Department of Agriculture and Food, WA Author: Department of Agriculture and Food, WA Document status: Final version Version: Version 1.0 Contact for enquiries All enquiries regarding this document should be directed in the first instance to: Document and Records Management Unit Department of Agriculture and Food, WA + 61(0)8 9368 3386 records@agric.wa.gov.au Copyright Department of Agriculture and Food, WA Information statement Copyright © Western Australian Agriculture Authority, 2013 Disclaimer While all reasonable care has been taken in the preparation of the information in this document, the Chief Officer of the Department of Agriculture and Food and its officers and the State of Western Australia accept no responsibility for any errors or omissions it may contain, whether caused by negligence or otherwise, or for any loss, however caused, arising from reliance on, or the use or release of, this information or part of it. 2 Information Statement Department of Agriculture and Food Freedom of Information Contents Page Introduction 1. Departmental profile 5 6 1.1 About the department 7 1.2 Strategic direction 7 1.3 Key strategy drivers 8 1.4 Staff 9 1.5 Customer focus 9 2. Agency structure 11 2.1 Structure 12 2.2 Related commissions, boards and committees 14 3. Legislation administered by the department 3.1 Legislation administered 4. Decision making functions 17 18 26 4.1 Decision making 27 4.2 Legislative powers 27 4.3 Regulatory boards, committees and commissions 27 5. Policy formulation and performance 28 5.1 Policy and planning 29 5.2 Consultation with industry 29 5.3 Biosecurity 29 5.4 Delivering biosecurity services 32 5.5 Major stakeholders 32 8.3 Rural Business Development Corporation (RBDC) 33 Page 3 of 49 Information statement Department of Agriculture and Food Freedom of Information 6. Documents held by the department 37 6.1 Documents available on request 38 6.2 Departmental documents 38 6.3 Internal policies 39 6.4 Management of information 40 7. Publically accessible documents 41 7.1 Library services 42 7.2 Publications 42 7.3 Photography and images 43 7.4 Online information services 43 7.5 Databases 43 7.6 Geographic Information Services (GIS) 44 7.7 Fees and charges 44 7.8 Acts and legislation 44 8. Freedom of information operations 45 8.1 Freedom of Information 46 8.2 Freedom of Information applications 46 8.3 Freedom of Information charges 46 8.4 Access arrangements 47 8.5 Notice of decision 48 8.6 Refusal of access 48 8.7 Responsibility for decision making 48 8.8 Applications for the amendment of personal information 49 8.9 Published information on Freedom of Information 49 8.10 Privacy 49 Page 4 of 49 Information statement Department of Agriculture and Food Freedom of Information Introduction The Western Australian Freedom of Information Act 1992 governs the release of information held by the Department of Agriculture and Food. This statement is provided in accordance with the requirements of Section 94 of this Act. Page 5 of 49 Information statement Department of Agriculture and Food Freedom of Information 1. Departmental profile Page 6 of 49 Information statement Department of Agriculture and Food Freedom of Information 1.1 About the department The Agricultural Society provided most of the agricultural information to early settlers in the state from the 1830s to the early 1890s. The Bureau of Agriculture took over this role in January 1894. The Bureau of Agriculture then became the Department of Agriculture in April 1898. As the result of a comprehensive review, the Department of Agriculture, the Agriculture Protection Board and the Rural Adjustment and Finance Corporation (now the Rural Business Development Corporation) were integrated to form a single agency in 1994. The Department of Agriculture was renamed the Department of Agriculture and Food, WA (DAFWA) in April 2006. This change highlighted the growing focus for the department on food and trade development, food marketing, health, sustainability, food integrity, regional food development, business and investment, global focus and innovation. Responsibility for the Animal Welfare Act 2002 was transferred to the Department of Agriculture and Food WA from the Department of Local Government on 1 July 2011. The department is now responsible for the functions and activities relating to this Act and for the records generated by the staff working under the Act. The Department of Agriculture and Food assists the state's Agriculture, Food and Fibre sectors to be sustainable and profitable with a clear focus on export-led growth. The department enhances the international competitiveness of the state's agribusiness by working with them to meet the increasingly demanding standards for safety and quality of food and fibre products produced in a sustainable way. As a leader in research, development and extension, the department plays an integral role in sustainable agricultural industry development for the benefit of all Western Australia. 1.2 Strategic direction Our vision A profitable, innovative and sustainable agrifood sector that benefits Western Australia. Our mission To work with our partners to develop the agriculture and food sectors and to effectively manage risk from the natural and biological resources on which it relies. Our approach We are a dynamic organisation that collaborates with a diverse range of partners throughout the world to generate innovation, knowledge and excellence. We work professionally, responsibly and with integrity to deliver meaningful results to industry, government and community. Page 7 of 49 Information statement Department of Agriculture and Food Freedom of Information Our partners We build and maintain strong, local, national and international strategic links with the public and private sectors to deliver value throughout the agriculture and food supply chains. Effective partnerships are essential to our success Our capability We have a statewide network of dedicated and talented staff able to address the economic, scientific, technological, environmental, managerial and social drivers that shape our agriculture and food sector. Our professionalism enables us to collaborate with a range of partners to develop and share expertise, knowledge and technology to develop and share expertise, knowledge and technology. 1.3 Key strategy drivers Production efficiency and growth An agriculture, food and fibre sector with access to most effective products, processes, technologies and services for our environment. Value added products An agriculture, food and fibre sector able to capture additional wealth through differentiation and increasing the value of raw produce. Service delivery The department utilises the most appropriate technology and techniques to ensure it runs efficiently and effectively for both internal and external clients. Environment stewardship Environmental benefits are realised and environmental risks are minimised. Biosecurity An agriculture, food and fibre sector able to manage biosecurity risks. Page 8 of 49 Information statement Department of Agriculture and Food Freedom of Information Capacity An agriculture, food and fibre sector which is entrepreneurial with highly skilled management and workforce. Market confidence A high level of consumer and market confidence in the quality, safety and production of WA food. 1.4 Staff The Department of Agriculture and Food’s major strength lies in the capacity of its skilled and dedicated workforce to deliver a diverse range of high quality services across the state. Our staff advise farmers and landholders on production systems, farm management and sustainability issues; undertake scientific and market research; assist industries to identify opportunities to develop and grow; protect the state from incursions of pests and diseases; provide advice to government on local, national and international issues affecting agriculture, and administer numerous acts, statutes and regulations on behalf of the state. The complexity of our business means motivated, high performing staff are crucial to our success. We are committed to providing staff with a stimulating work environment and employment arrangements that will foster their competencies and develop their skills. This environment is complemented by policies that promote greater workforce flexibility to meet changing customer needs. The Department of Agriculture and Food will achieve best practice for occupational safety and health. We recognise that our workforce should reflect the diversity of the community we serve and we are committed to achieving employment equity. 1.5 Customer focus The Department of Agriculture and Food’s main customers are in the agricultural sector. As well as primary producers, they include rural communities, agriculture, food and fibre businesses, rural and producer organisations, research institutions, service providers and agricultural consultants. The department also provides the government with advice on agricultural matters and produces public information ranging from specific agricultural issues to home garden advice. The Department’s work benefits the wider community through improved sustainability of land and water systems and protection against incursions and outbreaks of serious environmental threats. For more than 100 years the agricultural agencies in Western Australia have earned a national and international reputation for professionalism, objectivity and scientific Page 9 of 49 Information statement Department of Agriculture and Food Freedom of Information excellence. This reputation is built on a commitment to quality and is reflected in the modern international agricultural practices now used in Western Australia. Emphasis is placed on recognising the needs of our customers by increasing employee awareness of their customer service obligations to ensure the delivery of quality customer services. 1.5.1 Complaints An effective complaints management system is an essential component of the department’s provision of quality customer service. By measuring and monitoring customer satisfaction, we obtain useful information and feedback for improving service delivery. The department complies with Australian Standard 4269-1995 Complaints Handling. The department’s philosophy regarding complaints management is based on five key principles: Every complaint is taken seriously. A complaint is an opportunity to correct a problem. A complaint assists the department in understanding customer expectations. Complaints assist in managing service delivery. Handling complaints well has a positive impact on corporate identity. Should you wish to submit a compliment and complaint, the department’s web feedback form is available at agric.wa.gov.au. Page 10 of 49 Information statement Department of Agriculture and Food Freedom of Information 2. Agency structure Page 11 of 49 Information statement Department of Agriculture and Food Freedom of Information 2.1 Structure The department is responsible to the Minister for Agriculture and Food. It has a Director General, and six Executive Directors responsible for the following main areas of operation: Director General’s Office Corporate Strategy and Operations Regional Operations and Development Livestock Industries Agricultural Resource Risk Management Grains Industries Irrigated Agriculture and Diversification Page 12 of 49 Information Statement Department of Agriculture and Food Freedom of information Page 13 of 49 Information statement Department of Agriculture and Food Freedom of information 2.2 Related commissions, boards and committees Under the Freedom of Information Act 1992 and the Freedom of Information Regulations 1993 certain bodies are regarded as being part of the Department of Agriculture and Food and not separate agencies. These related agencies can utilise the processes established by the department when dealing with freedom of information requests and when providing information to the public. The following is a list of organisations that are regarded as part of the Department of Agriculture and Food, WA: Agricultural Produce Commission Agricultural Protection Board Animal Ethics Committee Perth Market Authority Rural Business Development Corporation Veterinary Surgeons Board Western Australian Meat Industry Authority Western Australian Agriculture Authority Land Conservation District Committees Ashburton Land Conservation District Committee Beverley Land Conservation District Committee Binnu Land Conservation District Committee Boyup Brook Land Conservation District Committee Brookton Land Conservation District Committee Bruce Rock Land Conservation District Committee Buntine/West Wubin Land Conservation District Committee Calingiri/New Norcia Land Conservation District Committee Capel Land Conservation District Committee Carnamah Land Conservation District Committee Carnarvon Land Conservation District Committee Chapman Valley Land Conservation District Committee Chittering Valley Land Conservation District Committee Collie Land Conservation District Committee Coolup Land Conservation District Committee Coorow Land Conservation District Committee Cuballing Land Conservation District Committee Cue Land Conservation District Committee Cunderdin Land Conservation District Committee Dandalup-Murray Land Conservation District Committee Dardanup Land Conservation District Committee De Grey Land Conservation District Committee Donnybrook/Balingup Land Conservation District Committee Dumbleyung Land Conservation District Committee East Ballidu Land Conservation District Committee Page 14 of 49 Information statement Department of Agriculture and Food Freedom of information East Gillingarra Land Conservation District Committee East Pilbara Land Conservation District Committee East Yornaning Land Conservation District Committee Esperance Land Conservation District Committee Gascoyne/Wooramel Land Conservation District Committee Halls Creek/East Kimberley Land Conservation District Committee Irwin Land Conservation District Committee Katanning Land Conservation District Committee Kellerberrin Land Conservation District Committee Kent River Land Conservation District Committee Kojonup Land Conservation District Committee Kondut/Mocardy Land Conservation District Committee Kulin Land Conservation District Committee Lake Grace Land Conservation District Committee Lower Blackwood Land Conservation District Committee Lyndon Land Conservation District Committee Manypeaks Land Conservation District Committee Meekatharra Land Conservation District Committee Merredin Land Conservation District Committee Miling Land Conservation District Committee Mingenew Land Conservation District Committee Minyulo/Dandaragan Land Conservation District Committee Mobrup Land Conservation District Committee Mogumber Land Conservation District Committee Morawa Land Conservation District Committee Mount Magnet Land Conservation District Committee Mount Marshall Land Conservation District Committee Mukinbudin Land Conservation District Committee Mullewa Land Conservation District Committee Murchison Land Conservation District Committee Narembeen Land Conservation District Committee Narrogin Land Conservation District Committee Newdegate Land Conservation District Committee Ninan Land Conservation District Committee North Kimberley Land Conservation District Committee North Stirlings Land Conservation District Committee Nugadong West Land Conservation District Committee Nullarbor-Eyre Highway Land Conservation District Committee Nungarin Land Conservation District Committee Nyabing/Pingrup Land Conservation District Committee Perenjori Land Conservation District Committee Piawaning/Yerecoin Land Conservation District Committee Pingelly Land Conservation District Committee Pithara/Dalwallinu Land Conservation District Committee Potato Growing Industry Trust Fund Advisory Committee Quairading Land Conservation District Committee Page 15 of 49 Information statement Department of Agriculture and Food Freedom of information Ravensthorpe Land Conservation District Committee Roebourne/Port Hedland Land Conservation District Committee Sandstone Land Conservation District Committee Serpentine/Jarrahdale Land Conservation District Committee Shark Bay Land Conservation District Committee Sussex Land Conservation District Committee Tambellup Land Conservation District Committee Tammin Land Conservation District Committee Three Springs Land Conservation District Committee Toodyay Land Conservation District Committee Tunney Land Conservation District Committee Upper Gascoyne Land Conservation District Committee Vasse-Wonnerup Land Conservation District Committee Waddi Forest Land Conservation District Committee Wagin Land Conservation District Committee Walpole/Tingledale Land Conservation District Committee Watheroo/Coomberdale Land Conservation District Committee Wellesley Land Conservation District Committee West Arthur Land Conservation District Committee West Ballidu Land Conservation District Committee West Kimberley Land Conservation District Committee West Koojan/Gillingarra Land Conservation District Committee West Maya Land Conservation District Committee Wiluna Land Conservation District Committee Woodanilling Land Conservation District Committee Wyalkatchem Land Conservation District Committee Yalgoo Land Conservation District Committee Yallingup Land Conservation District Committee York Land Conservation District Committee Page 16 of 49 Information statement Department of Agriculture and Food Freedom of information 3. Legislation administered by the department Page 17 of 49 Information statement Department of Agriculture and Food Freedom of information 3.1 Legislation administered Aerial Spraying Control Act 1966 This Act provides for the regulation of aerial spraying of pesticides. It requires aerial spraying operators to be licensed and allows the declaration of areas in which the application of certain pesticides would be hazardous. Agricultural Produce (Chemical Residues) Act 1983 This Act provides for the regulation or prevention of certain chemical residues in agricultural produce. Its purpose is to ensure that residues in excess of prescribed maxima are as far as possible avoided and that such produce is not used for human or animal consumption. There is power to apply quarantine orders to produce and/or areas of land and powers of entry for inspection and to test and take samples and specimens. Agricultural Produce Commission Act 1988 This Act establishes the Agricultural Produce Commission, with four members who have a broad understanding of agricultural industry and experience in financial management. The Minister appoints one member to be chairperson. The functions of the commission are to establish producer committees and provide for their operation, and arrange for the provision of services by committees. Producers committees may be established for specific crops or agricultural products and for specific localities, as well as generally if approved. There are detailed poll requirements concerning the approval of committees by producers in a particular part of the industry. The committees have the responsibility of providing services for which they have approval and charges are imposed for these services. The Act provides ancillary power to enable the commission and committees to obtain information and handle monies received, and to service voluntary associations of producers where these request the provision of services already made available to committees. Agricultural Products Act 1929 This Act provides for the regulation of the packaging and sale of certain agricultural products by means of codes made by the Minister. Page 18 of 49 Information statement Department of Agriculture and Food Freedom of information Agricultural and Veterinary Chemicals (Taxing) Act 1995 This Act imposes certain fees referred to in Part 9 of the Agricultural and Veterinary Chemicals (Western Australia) Act 1995 to the extent that any such fee may be a tax. This is a technicality required by the WA Constitution. Agricultural and Veterinary Chemicals (Western Australia) Act 1995 This act applies the Commonwealth laws establishing the national regulation scheme for agricultural and veterinary chemical products as laws of Western Australia. Agriculture and Related Resources Protection Act 1976 This Act provides for the control, prevention of spread and management of declared plants and animals, considered to be undesirable within the context of Western Australian agriculture and related resources. It also regulates the introduction to the State of these plants and animals. Declared plants and animals are divided into categories, ranging from those requiring management only, to those where a full scale eradication campaign is necessary. Argentine Ant Act 1968 This Act provides for the control, prevention and destruction of argentine ants. The government decision to restrict the use of Heptachlor has meant that in practice, the Act is inoperative. Beekeepers Act 1963 This Act makes provision for the eradication of certain diseases and pests in bee hives and for the orderly conduct of the industry. Every beekeeper is required to apply to be registered under the Act and each registration is accompanied by the issue of a brand, upon payment of a fee. Biosecurity and Agriculture Management Act 2007 Not all provisions of this Act are yet in operation. Provisions of the Act that are operating provide for the establishment of the Western Australian Agriculture Authority (WAAA) and the Biosecurity Council and provisions for the establishment of industry funding schemes. WAAA is a new body corporate established under the Act and it replaces the body corporate that was established under the Agriculture Act 1988 (which was known as the Chief Executive Officer of the Department of Agriculture). The Agriculture Act has now been repealed. WAAA is not a regulatory body. It facilitates aspects of the Department of Page 19 of 49 Information statement Department of Agriculture and Food Freedom of information Agriculture and Food’s business which can be conducted more effectively by a body corporate. The Biosecurity Council is appointed by the Minister and has replaced the Agriculture Protection Board as a principal source of advice to the Minister and the Director General on biosecurity matters. Regulations have been made under the Act establishing industry funding schemes for the grains, seed and hay industry, the cattle industry and the sheep and goat industry. The schemes provide funds for control programs for pests of concern to these industries and for compensating producers for losses caused by these pests. The schemes are funded by contributions paid by producers. The remainder of the Biosecurity and Agriculture Management Act 2007 (BAM Act) will be proclaimed when the necessary regulations have been prepared. The BAM Act will replace 17 Acts within the Agriculture Portfolio and establish a modern biosecurity scheme for Western Australia. The Act is designed to prevent pests and diseases from entering the state and to minimise the spread and impact of any that are present within the state. The Act will also establish controls in relation to agricultural and veterinary chemicals, fertilisers and stock feeds and ensure that agricultural products are not contaminated with chemical residues or other substances. It also has the capacity to recognise and support industry standards for agricultural products. Biological Control Act 1986 This Act provides a scheme for authorising the biological control of pests, that is, the control of one live organism with another. The scheme has been implemented nationally through the enactment of uniform legislation in each State, and by the Commonwealth, and by uniformly administered schemes. Bulk Handling Act 1967 This Act makes provision for the handling of grain in bulk by the company registered and known as Cooperative Bulk Handling Limited (CBH). CBH is required to install, maintain and operate bins for the reception and handling of grain in bulk. These facilities are required to be established at reasonable sites throughout the state, for the convenience of farmers. The company is authorised to charge for its services, and is self-funding. CBH sets the standards which apply from time to time to grain which it receives. These standards are prescribed in regulations. Their purpose is to ensure, as far as is reasonably possible, that grain which is available to be exported from Australia to overseas countries is of a known standard and free of insects. Exotic Diseases of Animals Act 1993 This Act provides for the detection, containment and eradication of certain diseases affecting livestock. It is the legislative base for Western Australia’s participation in the Page 20 of 49 Information statement Department of Agriculture and Food Freedom of information national plan for response to emergencies involving exotic animal diseases. The Act contains extensive provisions for the quarantining of animals, places and products and for restrictions on the movement of animals, vehicles and products. Fertilisers Act 1977 This Act regulates the quality of fertilisers sold in Western Australia. Genetically Modified Crops Free Areas Act 2003 This Act allows the Minister to make an order designating an area of the state, or the whole of the state, as an area in which genetically modified (GM) crops of any kind may not be cultivated or in which a particular GM crop may not be cultivated. It is an offence to cultivate a GM crop in an area where this is prohibited. The prohibition does not apply to licensed field trials or if the cultivation is covered by an exemption order. Gene Technology Act 2006 This Act regulates activities involving gene technology. The Act provides for protection of the health and safety of people and the environment, by identifying risks posed by, or as a result of, gene technology, and manages those risks through regulating certain dealings with genetically modified organisms. The Act establishes the Western Australian component of a national regulatory scheme for activities involving gene technology and genetically modified organisms. The regulatory framework operates in conjunction with other Commonwealth and state regulatory schemes relevant to genetically modified organisms (GMOs) and GM products. These include the existing schemes for the regulation of foods, therapeutic goods, agricultural and veterinary chemicals, and industrial chemicals. Industrial Hemp Act 2004 This Act allows licenses to be issued to authorise the cultivation, harvesting or processing of industrial hemp. Industrial hemp is defined as cannabis containing less that 0.35 per cent of tetrahydrocannabinol (THC). Licences are issued by a Registrar after considering a licence application and making any necessary investigations as to the suitability of the applicant to hold a licence. Loans (Cooperative Companies) Act 2004 This Act enables the state to make loans to certain cooperative companies. Provisions of this Act enable the Minister acting on behalf of, and in the name of the state, to make a loan to an eligible cooperative for a purpose mentioned under the Act and in section 120(1)(c) of the Income Tax Act. The provisions of this Act also enable the Page 21 of 49 Information statement Department of Agriculture and Food Freedom of information Minister, if the Treasurer approves, to borrow sums of money from the Western Australian Treasury Corporation for the purposes of the Act. Marketing of Potatoes Act 1946 This Act regulates the production and supply of ware potatoes. It requires the registration of growers, the licensing of areas of land used for the production of potatoes and the issue of domestic market entitlements. The regulated supply system is administered by the Potato Marketing Corporation of Western Australia. Ord River Dam Catchment Area (Straying Cattle) Act 1967 This Act vests in the Crown the property in cattle found at large in the Ord River Dam area. It was enacted in 1967 and provides that, after 1 January 1969, such cattle as are found at large in a prescribed area may be collected and disposed of as the Minister sees fit. The original area was extended twice, in 1970 and 1985, to now cover all agricultural areas and the shores of Lake Argyle. Perth Market Act 1926 This Act controls the operation of public markets in the metropolitan area, defined as the area within a 50km radius of the Perth General Post Office. The established market for general produce – namely fruit, vegetables, cut flowers meat and fish is administered by the Perth Market Authority, a body corporate with seven members. There is a wholesale buyers’ representative, an agents’ representative, a producers’ representative, a consumers’ representative, and an independent chairperson. The authority is empowered to conduct a business for the purpose of managing the market. It may determine market times and the method of operation of the market itself. It has extensive by-law making powers. Plant Diseases Act 1914 This Act is to prevent the introduction into Western Australia of diseases affecting plants and to provide for the eradication of, and to prevent the spread of, these diseases. Royal Agricultural Society Act 1926 This Act provides for the affiliation of agricultural societies throughout the state with the Royal Agricultural Society. Rural Business Development Corporation Act 2000 This Act preserves and continues the body corporate previously known as the Rural Adjustment and Finance Corporation (RAFCOR) as the Rural Business Development Corporation. Page 22 of 49 Information statement Department of Agriculture and Food Freedom of information The functions of the corporation are to administer approved assistance schemes funded by the state and Commonwealth. The corporation has powers to acquire and deal with land and personal property for the purposes of an approved assistance scheme. An approved assistance scheme is a scheme that: a) states the purpose and nature of financial assistance that may be given under the scheme b) identifies the categories of persons eligible for assistance under the scheme c) Is approved by the Minister and the Treasurer. Seeds Act 1981 This Act provides for regulation of the sale of most crop and pasture seeds in Western Australia. The Act provides for the labelling of seed to ensure that the buyer and the seller are each aware of the quality of the product being traded. The Act allows all seed to be sold, regardless of its germination and pure seed content, provided the actual details of these characteristics and of weed seed content are stated on a label fixed to each container. Buyers are able to reject seed that is not suitable to their particular needs. Soil and Land Conservation Act 1945 This Act provides for the conservation of soil and land resources and for the mitigation of the effects of erosion, salinity and flooding. For these purposes it creates a Commissioner of Soil and Land Conservation. The functions of the Commissioner extend to the encouragement of landholders and the public generally, and education in conservation matters. Where necessary, Soil Conservation Notices can be issued to direct that specified works be carried out. It is possible to register such a notice on a land title, so that the requirements are carried forward if the property changes hands. There is a right of appeal to the State Administrative Tribunal against a Soil Conservation Notice. To bring conservation to the farm level, the Act establishes Land Conservation Districts and Land Conservation District Committees. These are empowered to manage specific projects in conjunction with the Commissioner and to assist in other ways. They provide a focus for community action and involvement. Rates or service charges may be imposed to fund projects under the Act. Stock (Identification and Movement) Act 1970 This Act provides for the registration and use of brands and wool marks for stock and regulates the movement of stock. The Act applies to cattle, sheep, horses, goats and pigs. It prevents the use of more than one registered brand for each type of stock by each property operator. Page 23 of 49 Information statement Department of Agriculture and Food Freedom of information The Act requires that stock be branded and/or earmarked, as appropriate, and that brands be of specified dimensions and be fixed in specified places. It is an offence to use a brand or earmark in any way other than that prescribed. A Registrar of Brands is established for the purposes of the Act. The Registrar must keep a register of authorised brands and must monitor the transfer of brands. All brands require re-registration in a 10 yearly cycle. A waybill is required for the transfer of any stock, but special permits can be issued where stock are regularly shifted, for example, between two properties under the one management. Stock Diseases (Regulations) Act 1968 This Act allows regulations to be made for the prevention, eradication and control of diseases in livestock that are not exotic diseases. Exotic Diseases are dealt with under the Exotic Diseases of Animals Act 1993. Tree Plantation Agreements Act 2003 This Act provides for the making and effect of tree plantation agreements and for the creation of a plantation interest as a separate legal interest in land when a tree plantation is registered in relation to that land. Veterinary Chemical Control and Animal Feeding Stuffs Act 1976 The Act provides for the control of the use of veterinary chemical products, the regulation of the sale of certain stock, stock products, and carcasses of stock treated with veterinary chemical products and the regulation of the sale and use of certain hormone substances that promote growth in stock. It also regulates the production, importation, treatment, preparation for sale, marketing and storage and sale of animal feeding stuffs. There is now a national registration authority, the Australian Pesticides and Veterinary Medicines Authority, responsible for the registration of all agricultural and veterinary chemicals and state registration has been abolished. Veterinary Surgeons Act 1960 This Act regulates the practice of veterinary surgery. It establishes the Veterinary Surgeons' Board, a body corporate with five members. The membership comprises an officer of the Department of Agriculture and Food, two non-affiliated representatives of registered veterinary surgeons, one representative of the Australian Veterinary Association and one Ministerial nominee. The Act establishes a Registrar of Veterinary Surgeons appointed by the Board, who has power to register persons with appropriate qualifications, including temporary veterinary surgeons and specialist veterinary surgeons. Only registered persons are permitted to practice. Page 24 of 49 Information statement Department of Agriculture and Food Freedom of information Western Australian Meat Industry Authority Act 1976 This Act establishes the Western Australian Meat Industry Authority, provides for a system of approval of abattoirs and regulates the branding of animal carcasses. The authority consists of eight members, one is the Director General of Agriculture or his nominee, one is appointed as representative of the Minister, two represent private abattoirs, one represents the interests of the meat industry wholesale and retail, two represent meat producers and one represents meat industry employees. The Authority is responsible for the management of the Midland Saleyard. Page 25 of 49 Information statement Department of Agriculture and Food Freedom of information 4. Decision making functions Page 26 of 49 Information statement Department of Agriculture and Food Freedom of information 4.1 Decision making The Minister for Agriculture and Food, Forestry, Housing has overall responsibility for the Department of Agriculture and Food. The department makes recommendations to the Minister. The department’s operating structure comprises a Director General who oversees the Office of the Director General, and six Executive Directors responsible for their relevant divisions. While the Director General is ultimately accountable for all the department’s activities, each division, through its relevant Executive Director, has significant autonomy in day-to-day decision making, allocation of resources and determining divisional priorities. Overall control of the department’s activities is monitored and controlled through a central project management system, which reports on planned activities, tasks, achievements and outcomes. 4.2 Legislative powers The department’s compliance and prosecution roles are administered through the various acts and regulations listed in Section 3.1 Legislation administered. 4.3 Regulatory boards, committees and commissions The department’s boards, committees and commissions have a range of functions that include providing advice and investigating complaints about the conduct of industry participants, taking disciplinary action where appropriate. Page 27 of 49 Information statement Department of Agriculture and Food Freedom of information 5. Policy formulation and performance Page 28 of 49 Information statement Department of Agriculture and Food Freedom of information 5.1 Policy and planning The department provides policy leadership by identifying key strategic issues and directions and providing pro-active, informed and timely advice to government and industry on contemporary and future requirements for the agricultural sector. 5.2 Consultation with industry The strategic direction of the Department of Agriculture and Food’s programs is set through a number of consultative mechanisms comprising people drawn from industry, business and the community. Various external organisations provide vital industry experience and skills to assist program managers focus program activities through strategic planning at industry and regional level. 5.3 Biosecurity 5.3.1 Protecting WA agriculture Biosecurity is the protection of the economy, environment and society from pests, diseases and weeds. It encompasses industry (animal, plant, aquaculture) and the environment (flora and fauna). It includes the prevention of new pests, diseases and weeds arriving and the eradication or control of those already present. Biosecurity also includes unintentional (contamination, accidental introductions by humans or trade) and intentional (bioterrorism, industrial sabotage) biological incidents that present a risk to the health and safety of Western Australia’s animal (including aquaculture) and plant industries, and its environment. Biosecurity is important in maintaining Australia’s trading advantage and meeting our trading obligations and the terms of international treaties. Sanitary and phytosanitary measures continue to be applied offshore, at international and interstate borders and within the state to mitigate against organisms that damage businesses (especially primary industries), the environment and society as a whole, or which have the potential to do so. The definition of biosecurity includes pests and diseases that affect both animals and humans (zoonosis) but excludes human-specific pests and diseases. Measures are in place to: prevent the entry, establishment and spread of harmful organisms detect new occurrences provide evidence of freedom from harmful organisms by surveillance and laboratory testing contain and mitigate the negative impacts of harmful organisms prepare for and respond to new incursions or the wider spread of established harmful organisms manage chemical residues. These measures are supported by a strong policy and legislative base, and high-quality technical services. Page 29 of 49 Information statement Department of Agriculture and Food Freedom of information Benefits to industry and the community The biosecurity program: supports increased access to international and local markets by providing verifiable surveillance and testing data that shows Western Australia is free of marketsensitive diseases, pests and chemicals protects food safety and market access via animal traceability and chemical and residue management programs. protects agricultural productivity by minimising the risk of: o exotic animal and plant diseases (for example foot and mouth disease) o animal pests (for example rabbits, wild dogs, starlings) o harmful weeds (for example Noogoora burr) maintains preparedness for potential emergency disease outbreaks in order to minimise disease spread and the costs to industry and the economy protects public health via surveillance for and response to zoonotic diseases supports industry control of particular pests, weeds and diseases minimises costs to industry by keeping pests, diseases and weeds out of the state (for example preventing introduction of liver fluke) Supports consumer confidence in Western Australian ‘clean, safe’ products. Program structure The management of biosecurity is achieved through four programs; Livestock Biosecurity; Plant Biosecurity; Invasive Species and Border Biosecurity, which function under the department’s Irrigated Agriculture and Diversification, Livestock Industries and Agricultural Resource Risk Management directorates. 5.3.2 Livestock Biosecurity The activities and policies implemented by Livestock Biosecurity: support ongoing and increased access to international and local markets by providing verifiable surveillance and testing data that shows Western Australia is free of market-sensitive diseases, pests and chemical residues protect food safety and market access via animal traceability and chemical and residue management programs protect agricultural productivity by early detection of exotic animal diseases (for example foot and mouth disease, avian influenza) maintain preparedness for potential emergency disease outbreaks in order to mitigate disease spread and the costs to industry and the economy protect public health via surveillance for zoonotic diseases. detect changing disease patterns which may adversely impact on agricultural productivity support industry disease-freedom accreditation schemes to aid market access support industry to control particular diseases (for example virulent footrot). Page 30 of 49 Information statement Department of Agriculture and Food Freedom of information 5.3.3 Plant Biosecurity This program is responsible for strategic and national issues for plant pests and diseases and includes policy, legislation and industry liaison. Under the banners of GrainGuard, HortGuard and BeeGuard all sectors of Western Australia's grain, horticultural and beekeeping industries liaise to: maintain freedom from major exotic plants, pests and diseases minimise risk of chemical residues in plant produce maintain the productivity and marketability of these industries. The farm biosecurity approach adopted by Western Australia emphasises farm hygiene needed to prevent introduction of plant and animal diseases into the farm from anywhere. It is based on the assessment that prevention is cheaper than cure. This also promises marketing of quality-assured produce. Farmers can have a major impact on the future of their own farm output and also at a wider level by implementing biosecurity measures on their farms. 5.3.4 Invasive Species This program is responsible for informing and developing industry and community capacity for prevention, control and eradication activities which provide cost-effective benefits to the community and state in terms of cost of production and greater market access including: management (introduction and keeping) of exotic animal and plant pest species\ management (exclusion, eradication, containment) of endemic animal and plant pest species research and development into the ecology and management techniques for invasive species minimisation of the impact of animal and plant pests on agricultural production development of ‘best practice’ techniques and strategies implementation through coordinated industry and government involvement. This program includes policy and planning, research and development and regional delivery of operational roles. 5.3.5 Border Biosecurity (Quarantine WA) The desired outcome from the program is to prevent the introduction and establishment of exotic plants and animal pests and diseases, by effectively regulating the risk pathways associated with interstate movement and trade. The achievement of this minimises the adverse impacts of new pests and diseases on the economic, environmental and social values of West Australians. The Border Biosecurity program is responsible for: strategic and operational management of effective quarantine checkpoints and surveillance programs at entry points (air, road, rail and sea) into WA Page 31 of 49 Information statement Department of Agriculture and Food Freedom of information inspection of private and commercial consignments of plants and animals and other quarantine risk items at Inspection Points and Registered Premises certification service provided for interstate export of quarantine risk items and management of effective co-regulatory schemes for export and import quarantine requirements. providing technical advice and direction to industry nationally, other states and territories quarantine authorities regarding biosecurity legislation requirements and standards. prevent further spread of European House Borer through surveillance and regulatory activities. 5.4 Delivering biosecurity services The future of biosecurity relies on the cooperation and involvement of many people including the Biosecurity Council, the Department of Agriculture and Food (Animal Laboratories, Agwest Plant Laboratories, Pest and Disease Information Service) and the wider community, particularly landholders. 5.5 Major stakeholders The Department of Agriculture and Food works closely with external stakeholders to ensure we are highly responsive to changing industry and community needs. Some of the major stakeholders offering grants and subsidies to the department include: Australian Centre for International Agricultural Research Australian Pork Ltd Australian Wool Innovation Pty Ltd Centre for Legumes in Mediterranean Agriculture Cotton Research and Development Corporation Dairy Australia Australian Export Grains Innovation Centre Grape and Wine Research Development Corporation Grain Research Committee Grains Research and Development Corporation Land and Water Resources Research and Development Corporation Meat Research Corporation Pig Research and Development Corporation Rural Industries Research and Development Corporation. Joint ventures with a number Cooperative Research Centres (Weed Management Systems, Value Added Wheat, Tropical Savannas, Australian Sheep Industry) and Enterprise Grains Australia have also been undertaken. The department’s work also benefits the wider community through improved sustainability of land and water systems, and protection against incursions and outbreaks of serious environmental and human health threats. Page 32 of 49 Information statement Department of Agriculture and Food Freedom of information Emphasis is placed on recognising the needs of customers by increasing the awareness of employees of their customer service obligations to ensure the delivery of quality customer services. The contractual nature of the program/project arrangements provides increased accountability in the application of public funds that allows effective decision-making and resource allocation processes to reflect government priorities. Project management software which contains project documentation and authorisations is used to manage projects across the department. 5.6 Rural Business Development Corporation (RBDC) Project delivery and internal business processes are monitored for efficiency and effectiveness and the department reports on its outputs annually to the parliament against a series of key performance indicators that address quantity, quality, timeliness and cost. These performance indicators have recently been revised to more accurately reflect the department’s business and vision of a progressive, innovative and profitable agriculture and food sector that benefits Western Australia. 5.6.1 Role of the RBDC The Corporation administers financial support schemes for the farm sector on behalf of the Commonwealth and state, and delivers other services for the benefit or rural industry. Schemes which require the majority of the RBDC’s resources are: Pilot of Drought Reform Measures in Western Australia 2010 Dry Season Assistance Scheme Farm Training WA Scheme FarmLink Scheme Climate Adaptation (NEAR) Scheme. 5.6.2 Objective of the RBDC To improve the long term profitability and competitiveness of farmers, leading to an internationally competitive and sustainable farm sector. 5.6.3 Strategies of the RBDC 5.6.3.1 Supporting farm businesses through training, and in so doing, encouraging farmers to identify and implement strategies that enhance sustainable long-term profitability. The Farm Planning measure which is the key part of the Pilot of Drought Reform Measures in Western Australia aimed to enhance farmers’ skills in business, natural resource management, and personal planning and increase the number of farm businesses with comprehensive written strategic plans. Farm businesses undertook training to develop or update a strategic plan for the business. Participants identified Page 33 of 49 Information statement Department of Agriculture and Food Freedom of information priority activities to help improve the management and preparedness of the farm business to respond to future challenges, including drought and climate change. The training also covered risk management and financial planning, personal and business goals and the impact of variable climatic seasons on production. Farm businesses had to complete the modules and develop a strategic plan relevant to their needs to be eligible for consideration for farm business and landcare adaptation grants under the Building Farm Businesses measure. Grants were available under the Building Farm Businesses measure that assist eligible farm enterprises to meet the cost of completing activities to prepare for and reduce the impacts of drought, reduced water availability and increased climate variability on agricultural productivity and the farm enterprise. It aimed to assist farmers to improve the viability of their farm business by providing financial support for activities that: would better equip them to manage and prepare for the impacts of drought, reduced water availability and changing climate improve on-farm resilience reduce the environmental impact of agricultural activity in times of extreme climatic conditions. 5.6.3.2 Supporting farmers in developing farm business management skills and building the capacity of rural Western Australians to be self-determining. The Farm Planning program which is the key part of the Pilot of Drought Reform Measures Phase 1 in Western Australia aimed to enhance farmers’ skills in business, natural resource management, and personal planning and increase the number of farm businesses with comprehensive written strategic plans. The WA Farm Training Scheme which is a component of the Stronger Rural Communities measures of Pilot of Drought Reform Measures Phase 2 in Western Australia objective is to provide targeted funding support to eligible primary producers for training activities (not currently funded with or co-funded by Farm Ready) to improve the skills of primary producers, increase business resilience and to strengthen rural communities. Grants were available under the Climate Adaptation (NEAR) scheme to assist the North Eastern Agricultural Region (NEAR) and Eastern Wheatbelt of the Central Agricultural Region (EWCAR) community adapt to the changing climate while ensuring the viability of farming in these regions. 5.6.3.3 Supporting the farm sector during periods of financial difficulties arising from exceptional circumstances. Interest subsidies for up to two years on new business loans up to $300 000 is provided under the Subsidised Interest Rate Scheme for Pastoralists and Service Businesses involved in Live Cattle Exports to Indonesia. A State Dry Season Assistance Scheme provided rural communities with social support and counselling measures during the 2010 dry season. Funding was also provided to enable the Rural Financial Counselling Service to increase its resources to assist those encountering financial difficulties caused by the dry conditions. Funding was also provided for the costs of tanks to provide emergency water supplies for both farm use and fire fighting use. Page 34 of 49 Information statement Department of Agriculture and Food Freedom of information 5.6.3.4 Supporting the farm sector through providing policy advice, encouraging innovation and identifying issues affecting rural industry that may require government response. The RBDC provided research grants to pilot a program on mentoring and leadership which looks at growing and reshaping the rural sector through the development of its human capital. This group has now successfully moved from the RBDC to the ‘Grow Zone Foundation Inc.’. The RBDC established the Y-Zone Advisory group committee as a forum for young professional people in agriculture to provide the younger generation’s view on strategic issues to the RBDC. The RBDC provided funds through the Climate Adaptation Assistance Scheme for work to be undertaken in relation to land aggregation and land use change. 5.6.3.4 Decision making functions The Rural Business Development Corporation Act 2001 provides that the corporation consists of five directors appointed by the Minister. 5.6.3.5 Legislation The Rural Business Development Corporation Act 2000 commenced on the 20 December 2000 and repealed the Rural Adjustment and Finance Corporation Act 1993. The Rural Business Development Corporation is established under section 5 of The Rural Business Development Corporation Act 2000. The corporation’s functions are to: administer approved assistance schemes and to ensure that such schemes administered by the corporation are properly and fairly administered give directly the financial assistance to be given under approved assistance schemes administered by the corporation provide moneys to a department of the public service, or to an agency or instrumentality of the Crown, for the purposes of the financial assistance to be given under an approved assistance scheme administered by the department, agency or instrumentality carry out research into, and develop policies on issues affecting persons likely to be given financial assistance under this Act review and give advice to the Minister propose assistance schemes. implement approved assistance schemes, economic and other conditions in the rural sector perform other functions given to the corporation under this Act or another Act perform any other functions that may be prescribed. Page 35 of 49 Information statement Department of Agriculture and Food Freedom of information 5.6.3.6 Legislation impacting on the RBDC’s activities In the performance of its functions, the Rural Business Development Corporation complies with the following legislation: Financial Management Act 2006 Freedom of Information Act 1992 Public Sector Management Act 1994 Salaries and Allowances Act 1975 Equal Opportunity Act 1984 Occupational Safety and Health Act 1984 Minimum Conditions of Employment Act 1993 Industrial Relations Act 1979 Disability Services Act 1993 Page 36 of 49 Information statement Department of Agriculture and Food Freedom of information 6. Documents held by the department Page 37 of 49 Information statement Department of Agriculture and Food Freedom of information 6.1 Documents available on request Although the Freedom of Information Act 1992 refers to information, its focus is on information contained in documents and only to those documents that are already in existence. The department aims to make information available promptly with the least possible cost. Whenever possible, the department will grant access to documents outside the Freedom of Information process. 6.2 Departmental documents Listed below are broad categories of the department’s functions and subsequent information available on general files within the department. Each directorate is responsible for creating and disseminating these documents, which are created in response to the various projects the department is undertaking. The following list does not necessarily mean that all documents are accessible in full or in part under the Act. 6.2.1 Corporate Strategy and Operations The directorate is committed to ensuring the department continually tests and refines its business model and capacity to meet the evolving needs of government, industry and the community. With key functions including the development of our people, facilities, finances and information capabilities, the directorate provides the full suite of resources needed for the department to achieve its mission. 6.2.2 Director General The Director General’s office is responsible for corporate communications and promotion and governance and performance of the organisation. 6.2.3 Regional Operations and Development The directorate supports regionally located ‘multi-project’ offices serving the development needs of the agrifood sector. Functions include client-focused delivery of integrated services and leadership and support of incident management. Cross-sectoral functions include industry productivity and performance, and market and trade development – key activities supporting industry economic development. 6.2.4 Livestock Industries Development The directorate supports sustainable economic development and growth in value through biosecurity surveillance and assurance; and industry innovation, consultation, planning and leadership. The focus is on developing partnerships across supply chains, achieving Page 38 of 49 Information statement Department of Agriculture and Food Freedom of information measurable productivity improvements, developing appropriate infrastructure, increasing market penetration and promoting excellence. 6.2.5 Agricultural Resource Risk Management The directorate is committed to ensuring land and water resources are available to meet future industry needs. It also manages biosecurity risks to protect the sector from exotic plant and animal pests and diseases. The focus is on coordinating policy, training, legislation and emergency response capabilities for the agricultural sector; providing leadership for sustainable management; and targeting investment in the productive and sustainable stewardship of natural resources and biosecurity. 6.2.6 Grains Industries Development The directorate is dedicated to meeting the needs of the grains industry value chain and maximising opportunities in an ever-changing environment. Work across the grains value chain includes crop genetics, increasing on-farm productivity and equipping industry with capacity to manage climate impacts. The directorate also looks at new ways of doing business to improve market access and the economics of grain production. 6.2.7 Irrigated Agriculture and Diversification The directorate spans research, development, extension and regulation activities in the irrigated agriculture (horticulture), food and forestry industries, linked with maintaining our state’s enviable plant biosecurity status. It has a strong focus on driving agribusiness opportunities and working to reduce barriers; encouraging and supporting profitable local food production; and identifying risks and promoting practices to manage plant biosecurity. 6.3 Internal policies Corporate and operational policies provide principles and guidelines for managing or working with administrative, line-of-business, human resource and financial management systems. Each division has internal policies, which are used in connection with the performance of their business functions. Their primary purpose is to provide advice to departmental officers in the exercise of their duties and to be an ongoing guide which is reviewed and updated, as required. Page 39 of 49 Information statement Department of Agriculture and Food Freedom of information 6.4 Management of information 6.4.1 Compliance with the State Records Act 2000 The department under the State Records Act 2000 is required to have an approved recordkeeping plan. This plan sets out how records are to be created by the department, how those records will be managed, and for what period of time records are to be retained before they are destroyed. The Department of Agriculture and Food Recordkeeping Plan was approved in 2009 and is updated from time to time in accordance with Section 28(5) of the Act to provide an accurate reflection of any developments or organisational and legislative changes. 6.4.2 Departmental document and records management system The department’s Document Management System (DMS) is Objective which manages corporate information in the form of electronic, paper-based and digitised records. Page 40 of 49 Information statement Department of Agriculture and Food Freedom of information 7. Publically accessible documents Page 41 of 49 Information statement Department of Agriculture and Food Freedom of information 7.1 Library services The Library contains a collection of agricultural books, reports and journals with an emphasis on Western Australia. The Library primarily supports the work of the Department of Agriculture and Food; however, the information can be accessed by members of the public. The library catalogue is available to the public via its website. The Library also contributes catalogue information to the National Library of Australia, which can be searched from the Trove search service and participates in the national Document Delivery system for interlibrary loans. Visitors are able to view items from the collection and to photocopy material for research or private study within the confines of the Copyright Act 1968. Visitors are not able to use online resources due to commercial licence restrictions. For further information contact: Library Department of Agriculture and Food WA 3 Baron Hay Court South Perth Phone +61 (0)8 9368 3201 library@agric.wa.gov.au 7.2 Publications The department produces large collection of extensive information including fact sheets, technical information on land and soils information and industry development advice. A considerable number of specialist newsletters for biosecurity, growing season information, and special markets and industry areas are available via download or gratis subscription. Most newsletters are distributed via email; however current copies of the AgLinkEd education e-newsletter are available from the Education tab. For a publication list please visit the Publications page on the department’s website. An archival collection of the department’s older and hard copy only publications are searchable via the Library catalogue on the department’s website. The department’s staff are also encouraged to publish and utilise their research and knowledge in peer reviewed journals. Please contact the Library for more information. To view an electronic copy of the Annual Report please visit the department’s website. Page 42 of 49 Information statement Department of Agriculture and Food Freedom of information 7.3 Photography and images The department has an extensive photographic collection, most of which is uncatalogued. The photography area will provide some images to other organisations on a fee for service basis. photography@agric.wa.gov.au 7.4 Online information services The Department of Agriculture and Food, WA’s website (agric.wa.gov.au) supports the department’s mission through serving the information needs of the agricultural and agribusiness industries. The goal of the website is to also promote the department in a positive manner to all users by providing up-to-date information on an accessible website. The department also hosts a number of websites, including: biosecurity.wa.gov.au The Biosecurity website has been designed to ensure that the latest information on biosecurity in Western Australia is easily accessible. All information relating to the BAM Legislation is available here as well as information from the Biosecurity Council. grains.agric.wa.gov.au The Grains website provides the Western Australian grain industry with current information and resources to help overcome constraints and contribute to improving productivity and profitability. moresheep.agric.wa.gov.au More Sheep is a partnership initiative of the department and the Sheep Industry Leadership Council to address the critical issue of the decline in the Western Australian flock. 7.5 Databases A number of information databases are also available to the public, including: Agrifood Infonet Biosecurity DAFWA Weather Stations Wool Service Desk Portal Declared plants Brands registration Invertebrate Reference Collection Pest Web Weed Watcher DAFWA library catalogue. Page 43 of 49 Information statement Department of Agriculture and Food Freedom of information 7.5.1 Collaborative data sets The department is a participant in several collaborative projects which aim to provide comprehensive web-based information to agricultural and agribusiness industries and the public. These data sets include: Water Act Regulations – Bureau of Meteorology website Shared Land Information Platform (SLIP) – WA Atlas Pest and Disease Image Library (PaDIL) 7.6 Geographic Information Services (GIS) The department is custodian of the following spatial datasets: Soil-landscape mapping Western Australian Current extent of native vegetation Western Australia Pre-European Vegetation Western Australia Pastoral Lease Infrastructure Plans Agricultural Land Use Western Australia Agricultural properties Western Australia. These are available for a prescribed charge and are also supplied through the Shared Land Information Platform (SLIP). In addition, the department can produce custom maps and carry out analysis of spatial data for many purposes based on work with government and industry over the last two decades. Pastoral Lease Infrastructure Plans are available on request with permission of the lease owner for a prescribed charge. To request data, a custom map product or data analysis contact gis@agric.wa.gov.au. 7.7 Fees and charges Charges for our services are available in the department’s fees and charges booklet, available at on the department’s website. 7.8 Acts and legislation All Western Australian legislation and statutory information is available via the website of the State Law Publisher. Page 44 of 49 Information statement Department of Agriculture and Food Freedom of information 8. Freedom of Information operations Page 45 of 49 Information statement Department of Agriculture and Food Freedom of information 8.1 Freedom of Information The Freedom of Information Act 1992 enables the public to participate more effectively in governing the state and makes the department more accountable to the public. It is therefore the aim of the department to make information available promptly and at the least possible cost, and whenever possible documents will be provided outside of the Freedom of Information process. If information is not routinely available, the Freedom of Information Act 1992 provides the right to apply for documents held by the department and to enable the public to ensure that personal information in documents is accurate, complete, up to date and not misleading 8.2 Freedom of Information applications Access applications have to: be in writing give enough information so that the documents requested can be identified give an Australian address to which notices can be sent be lodged at the department with any application fee payable. Applications and enquiries should be addressed to: Freedom of Information Coordinator Department of Agriculture and Food Locked Bag No 4 Bentley Delivery Centre WA 6983 Telephone: +61 (0)8 9368 3386 Fax: +61 (0)8 9368 5935 Email: records@agric.wa.gov.au To expedite processing of a Freedom of Information request, an applicant should identify as clearly as possible the documents to which access is required and the form of access required, for example photocopies of inspection reports, etc. Applications will be acknowledged in writing and you will be notified of the decision as soon as possible and in any case no longer than 45 days. 8.3 Freedom of Information charges 8.3.1 Mandatory charges A scale of fees and charges has been set under the Freedom of Information Act 1992 Regulations. Where the request is for non-personal information that may contain personal information about a third party (other than the applicant), a $30 application fee applies. This payment is required at the time of lodging the request. If lodging in person, this fee may be in cash, cheque or money order. If you are mailing your application in, a cheque or money order should be made payable to the Department of Agriculture and Food. Page 46 of 49 Department of Agriculture and Food Freedom of information Information statement 8.3.2 Types of fees Type of fee Charge Personal information about the applicant $30.00 Application fee (for non-personal information) No fee 8.3.3 Other types of fees Where the processing of an application is likely to divert a substantial and unreasonable portion of the department’s resources away from its other operations, the department may decide to impose charges. However, apart from the application fee for non-personal information all charges are discretionary. The charges that may be used are as follows: Type of fee Charge Charge for time dealing with the application (per hour or pro rata) $30.00 Access time supervised by staff (per hour or pro rata) $30.00 Photocopying staff time (per hour or pro rata) $30.00 Per photocopy 20 cents Transcribing from tape, film or computer $30.00 Duplicating a tape, film or computer information Actual cost Delivery, packaging and postage Actual cost 8.3.4 Deposits Deposit requirements Advance deposit is required of the estimated charges Percentage of total charge 25% Further advance deposit may be required to meet the charges for dealing with the application 75% For financially disadvantaged applicants or those issued with prescribed pensioner concession cards, the charge payable is reduced by 25% 8.4 Access arrangements Access to documents can be granted by way of inspection, a copy of a document, a copy of an audio or video tape, a computer disk, a transcript of a recorded, shorthand or encoded document from which words can be reproduced. Page 47 of 49 Information statement Department of Agriculture and Food Freedom of information 8.5 Notice of decision As soon as possible but in any case within 45 days of the lodgement of a valid application you will be provided with a ‘Notice of Decision’ advising the manner in which access has been provided under the Freedom of Information Act. Access to documents may be granted in the following forms: Full access Partial access (in an edited format) Refused access. A notice of decision will include details such as: the date the decision was made the name and the designation of the officer who made the decision if the document is an exempt document, the reasons for classifying the matter exempt; or the fact that access is given to an edited document information on the right to review and the procedures to be followed to exercise those rights. 8.6 Refusal of access Applicants who are dissatisfied with a decision of the department are entitled to ask for an internal review by the department. Application should be made in writing and lodged at the department within 30 days of receiving the notice of decision. An independent officer of the department will undertake the internal review and you will be notified of the outcome of the review within 15 days. If you disagree with the result you then can apply to the Information Commissioner for an external review. Applicants are advised of how to apply for an external review when the internal review decision is issued to them. 8.7 Responsibility for decision making The final decision to release or deny access to records will lie with the Decision Maker responsible for the area in which the documents are held or used (normally in consultation with the Freedom of Information Coordinator). Page 48 of 49 Information statement Department of Agriculture and Food Freedom of information 8.8 Applications for the amendment of personal information The Act provides a right for persons to apply for the amendment of personal information held by the department which is inaccurate, incomplete, out of date or misleading. The application to amend personal information must be: in writing provide sufficient details to enable the document that contains the information to be identified provide details of matters in relation to which you believe the information is inaccurate, incomplete, out of date or misleading provide your reasons for holding that belief provide details of the amendments you wish to be made. Note: Information must be the personal information of the applicant and proof of identity is necessary to proceed with the request. Access to another officer's records is not permissible under the Freedom of Information Act. 8.9 Published information on Freedom of Information Freedom of Information Act 1992 Freedom of Information Act Regulations 1993 Freedom of Information Implementation Guidelines 1993 Freedom of Information Policy and Practice 1996 These are available from the State Government Bookshop or the Information Commissioner. 8.10 Privacy The collection of third party information about individuals occurs regularly in the department. Although the state public sector in Western Australia does not currently have any legislative privacy conditions, personal information about customers is protected by the department's privacy and confidentiality policy. The department’s policy framework details procedures in place to prevent the misuse of personal information within or by the department, with specific procedures relating to each area of the department that acquires, uses and stores personal information. Appropriate record keeping ensures the privacy and confidentiality of such information. The release of information that is considered personal or confidential is generally governed by the Freedom of Information Act 1992. Page 49 of 49