The Western Australian Local Government Association (WALGA) has released a Freedom of Information (FOI) application form after the Supreme Court of Western Australia ruled that it is an agency for the purposes of the FOI Acts 1992.
The ruling means members of the public can now apply for access to WALGA documents under the Act, including records relating to governance, advisory work and services.
A newly circulated FOI form shows applicants must clearly describe the documents they are seeking, with a $30 fee applying to non-personal requests. The form also notes that requests may involve consultation with WALGA members, staff or third parties and could attract additional processing charges.
The ruling followed a challenge by the Local Government Elected Members Association (LGEMA) WA, which had previously been denied access to documents after the former Information Commissioner found WALGA was not subject to the Act.
LGEMA chair Sandra Boulter said the group disagreed with that decision and saw the Supreme Court as the only way to resolve the issue.
“It was our view that WALGA was subject to the FOI Act,” she said.
“And the only way to ensure that was to have the Supreme Court say so.”
The original request focused on how WALGA selects nominees to sit on state government committees and bodies.
Ms Boulter said LGEMA wanted clarity on how those decisions were made, including whether appointments were based on expertise, qualifications or other factors.
That lack of access, she explained, left elected members uncertain about how their communities were being represented.
“Elected members want to be sure that the interests of their community are well represented… by members that are properly qualified and properly experienced to represent the community’s interests on these committees,” she said.
With the ruling now in place, she said the public can apply for access to WALGA records.
She said this includes records relating to governance matters, the LGIS mutual indemnity insurance scheme and the preferred provider service.
Ms Boulter said the decision would allow greater scrutiny of how WALGA uses its income, which she said is largely drawn from local government municipal funds, along with state and federal grants.
“The community will be able to better understand how WALGA expends those monies and on what,” she said.
She also pointed to ongoing concerns about oversight, including her call for the Office of the Auditor General to carry out financial and performance audits of WALGA.
More broadly, Ms Boulter said many people still do not fully understand what WALGA does or how it operates.
WALGA acknowledged the ruling in a statement.
“WALGA acknowledges the determination by the Supreme Court of Western Australia that the WA Local Government Association is an agency for the purposes of s.10 of the Freedom of Information Act 1992,” a spokesperson said.
“WALGA remains focused on supporting our 139 Member Local Governments as they deliver positive outcomes for their communities and navigate the current challenges associated with fuel security and material supply constraints.”
Ms Boulter said she did not expect an appeal, pointing to consent orders filed in the Supreme Court, WALGA’s agreement to pay LGEMA’s legal costs, and the matter returning to the Information Commissioner for a decision on LGEMA’s original application.
