WA Supreme Court confirms WALGA is subject to Freedom of Information laws

Justice Solomon of the Supreme Court of Western Australia recently considered whether the Western Australian Local Government Association (WALGA) is an “agency” for the purposes of the Freedom of Information Act 1992 (WA) (FOI Act) and is therefore required to provide access to its documents pursuant to that legislation (at [1]–[3]). 

The decision is Local Government Elected Members Association (WA) Inc v Western Australian Local Government Association ([2026] WASC 102).

The decision is important because it shows that the term “public purpose” requires careful scrutiny when assessing whether the FOI Act applies to a ‘body or office’ that is established under written laws, and that the FOI Act can apply more broadly than to “arms of government”. Assessing this term properly is a critical issue for: 

1. any organisation holding documents and assessing if they have obligations under the FOI Act; 
2. anyone communicating with an organisation which may be subject to FOI Act obligations; and 
3. anyone requesting documents from an organisation to which the FOI Act may apply.

Background and issue on Appeal

The appeal came about after the Local Government Elected Members Association (LGEMA) sought access to documents held by WALGA. WALGA refused part of LGEMA’s request on the basis that some of the documents were ‘exempt matter’, that is related to matters which were exempt from access under the FOI Act. That is WALGA proceeded on the basis that it was an “agency” and subject to the FOI Act. 

LGEMA subsequently made a complaint to the WA Information Commissioner in respect of WALGA’s decision to decline access to some of the requested documents.

Interestingly, the WA Information Commissioner then decided that WALGA was not an “agency” under the FOI Act, meaning WALGA’s documents were not subject to the FOI Act and FOI access rights (at [6]–[11]).

LEGMA then appealed to the WA Supreme Court. The central issue on appeal was whether WALGA is a “public body” established for a public purpose under a written law within the meaning of s 10 of the FOI Act (at [14], [24]). 

Was WALGA established for a public purpose under a written law?

Justice Solomon held that the FOI Act should be construed broadly, consistent with its objects of promoting the public to participate more effectively in governing the State and to enhance the accountability to the public of bodies responsible for local government (at [54]–[56]).

In order to qualify as a “public body”, Justice Solomon held that the following elements needed to be demonstrated:

1. there must be a 'body' or an 'office'; 
2. the body must be established under a written law; and 
3. the body must be established for a public purpose.

In respect of (1) and (2) above, Justice Solomon readily found that WALGA is constituted as a body corporate established under the Local Government Act 1995 (WA) (at [66]). 

In respect of (3), Justice Solomon stated that evaluating whether the body's purpose is a 'public purpose' is likely to be the most complex element (at [60]). 

Having found that:

1. local government is an arm of government and is directed to public purpose; and
2. WALGA’s objects are directed to the promotion, enhancement, representation and service of local government,

Justice Solomon was satisfied that WALGA was established for a public purpose at (at [72] – [74]), and allowed LEGMA’s appeal of the Information Commissioner’s decision.

This article was written by Jordan Hurley, Senior Associate Disputes.