Western Australian Current Acts

LOCAL GOVERNMENT ACT 1995 - SECT 5.95

5.95 .         Further provisions relating to right to inspect local government information

        (1)         A person’s right to inspect information referred to in section 5.94 does not extend to the inspection of information —

            (a)         which is not current at the time of inspection; and

            (b)         which, in the CEO’s opinion, would divert a substantial and unreasonable portion of the local government’s resources away from its other functions.

        (2)         A person’s right to inspect information referred to in section 5.94 does not extend to the inspection of information referred to in paragraph (m), (n), (p) or (u) of that section if the information relates to any debt owed to the local government by a person other than the first-mentioned person.

        (3)         Subject to subsection (4), a person’s right to inspect information referred to in section 5.94 does not extend to the inspection of information referred to in paragraph (n) or (p) of that section if the meeting or that part of the meeting to which the information refers was closed to members of the public.

        (4)         Subsection (3) does not apply in relation to information —

            (a)         that is a record of the decisions made at a meeting of a council, a committee or electors; or

            (b)         of a kind prescribed as being information that can be inspected by members of the public despite subsection (3).

        [(5)         deleted]

        (6)         Subject to subsection (7), a person’s right to inspect information referred to in section 5.94 does not extend to the inspection of information —

            (a)         referred to in a paragraph of that section that is prescribed as being confidential information for the purposes of this subsection; or

            (b)         referred to in that section of a type prescribed as confidential for the purposes of this subsection,

                for the period of time prescribed in relation to the information.

        (7)         Subsection (6) does not apply in respect of information in relation to a local government if —

            (a)         the information is prescribed as information that is confidential but that may be available for inspection if the local government so resolves; and

            (b)         the local government has resolved that the information is to be available for inspection.

        (8)         A person’s right to inspect information referred to in section 5.94 does not extend to the inspection of information referred to in paragraph (m) of that section if the information is information that has been omitted by regulations made under section 4.38 from the electoral roll for the protection of an elector or his or her family.

        (9)         Information may be prescribed for the purposes of section 5.94(u)(ii) whether or not the information is required to be generated, obtained, provided or kept under another provision of this Act.

        [Section 5.95 amended: No. 49 of 2004 s. 54; No. 16 of 2019 s. 46; No. 11 of 2023 s. 76(2).]