Western Australian Current Acts Western Australian Current Acts (1) The
Freedom of Information Act 1992 Parts 2 and 4 do not apply to a document
connected with a protected matter.
(2) An application
under the Freedom of Information Act 1992 section 11 for access to a document
connected with a protected matter is extinguished if either or both of the
following apply —
(a) the
application is made before commencement but no notice under section 13(1)(b)
of that Act is given before commencement;
(b) the
application is made at or after introduction time.
(3) Without limiting
section 8(1), subsections (1) and (2) have effect despite any provision of the
Freedom of Information Act 1992 .
(4) On and after
commencement, no proceedings can be brought, made or begun to the extent that
the proceedings are connected with seeking, by or from the State, discovery,
provision, production, inspection or disclosure of any document or other thing
connected with a protected matter.
(5) Any proceedings,
to the extent that they are of the type described in subsection (4), are
terminated if either or both of the following apply —
(a) the
proceedings are brought, made or begun before commencement but are not
completed before commencement;
(b) the
proceedings are brought, made or begun before the end of the day on which the
amending Act receives the Royal Assent but are not completed before the end of
that day.
(6) Subsection (7)
applies to any proceedings, to the extent that they are of the type described
in subsection (4), if the proceedings are —
(a)
brought, made or begun at or after introduction time; and
(b)
completed before the end of the day on which the amending Act receives the
Royal Assent.
(7) Any remedy,
relief, order, direction, award or ruling resulting from, or any other outcome
of, the proceedings is extinguished to the extent that it is against, or
unfavourable to, the State or otherwise requires the State to do, or not to
do, anything.
(8) A person cannot
seek payment from the State for any legal costs connected with any proceedings
to which subsection (5) or (7) applies, and the State has no liability, and is
taken never to have had any liability, for any of a person’s legal costs
connected with the proceedings.
(9) In this section,
references to the State include the following —
(a) a
person who is a former State authority, if the proceedings in question are, or
would be, connected with —
(i)
the person’s conduct while and as a State
authority; or
(ii)
otherwise the person’s role as a State authority;
(b) a
State agent;
(c) a
person who is a former State agent, if the proceedings in question are, or
would be, connected with —
(i)
the person’s conduct while and as a State agent; or
(ii)
otherwise the person’s role as a State agent.
[Section 21 inserted: No. 32 of 2020 s. 7.]