The FOI Act was introduced in November 1993, to create a general right of access to documents held by the State and local government agencies and certain statutory corporations.

As a statutory corporation Horizon Power is subject to the FOI Act and seeks to make its documents available promptly in accordance with the FOI Act.

In addition to creating a right of access to certain documents, the FOI Act also requires Horizon Power to ensure that any personal information that it holds about an individual is accurate, complete, up to date and not misleading.

3.1 Statutory corporation

Regional Power Corporation, which trades under the name Horizon Power, is a statutory corporation created by section 4(1)(d) of the Electricity Corporations Act 2005 (WA).

Horizon Power carries out its functions and exercises its powers under various legislation including the Electricity Corporations Act 2005 (WA), the Electricity Industry Act 2004 (WA), the Energy Operators (Powers) Act 1979 (WA), the Electricity Act 1945 (WA) and the various regulations, codes and rules made under them.

3.2 Horizon Power’s functions

Horizon Power is a State Government-owned energy corporation established under the Electricity Corporations Act 2005 (WA), providing electricity across regional and remote Western Australia. We supply electricity to more than 100,000 residents and more than 10,000 businesses in regional towns and remote communities across Western Australia.

Our service area is vast, approximately 2.3 million square kilometres. Horizon Power services the largest area with the least number of customers in the world. For every 53.5 square kilometres, we average just one customer.

Horizon Power operates in the Pilbara, Kimberley, Gascoyne, Mid West and Southern region of Western Australia, which includes the Southern Goldfields, Esperance, Hopetoun and Norseman. We have regional depots based in Karratha, Broome, Kununurra, Carnarvon, Esperance and Port Hedland, with administrative support provided from Perth. 

Horizon Power maintains three electricity systems connected in the East Kimberley (Kununurra, Wyndham and Lake Argyle), two rural systems (Esperance and Hopetoun), the North-West Interconnected System between Port Hedland and Karratha and 32 microgrids, or isolated power systems.

3.3 How Horizon Power’s functions affect members of the public

Horizon Power’s functions affect members of the public in many ways, including:

• providing the communities it supplies with safe, reliable and efficient delivery of electricity;
• maintaining, upgrading, and expanding its network to meet expanding demand for electricity in WA; and
• working with government, business, and industry to devise alternate energy solutions.

Horizon Power values and encourages feedback from all its stakeholders. Members of the public can participate in the formulation of Horizon Power’s policies and influence the performance of Horizon Power’s functions by providing feedback to Horizon Power and participating in community consultations which Horizon Power holds from time to time.

3.4 Governance

Horizon Power has an independent Board which reports to the Minister for Energy, and which has oversight over the business.

Horizon Power's Board Charter outlines the role, responsibility and authority of the Board and Executive Management.

The Board has sought to adopt recognised best practice for corporate governance at Horizon Power through the implementation of a corporate governance framework.

4.1 What is a document?

The FOI Act defines a ‘document’ as:

• any record or any part of a record; or
• any copy, reproduction or duplicate of a record or any part of a copy, reproduction or duplicate of a record.

4.2 Types of documents held by Horizon Power

The types of documents held by Horizon Power which may be accessed through an FOI application, subject to any exemptions under the FOI Act, include:

• Letters
• Audio tapes   
• Presentations
• Reports
• Facsimiles     
• Office manuals
• Email communications   
• Photographs
• Policies
• Computer records
• Diagrams • Contracts
• Internal memorandums
• Plans
• Minutes and agendas

4.3 Documents freely available without an FOI application

Horizon Power produces and releases several documents each year which are freely available from Horizon Power’s website. These documents include brochures, newsletters, annual reports, quarterly reports, and regulatory reports.

5.1 How to make an FOI application

5.2 Process once an FOI application for documents is made

On receipt of an FOI application, Horizon Power will notify the applicant in writing that the application was received.

Under the FOI Act, Horizon Power has 45 days from receipt of an FOI application to make a determination, in accordance with the FOI Act, whether it will release the documents requested.

On completion of the determination process Horizon Power will prepare a ‘Notice of Decision’ which will set out:

• the person who made the decision and the date on which the decision was made;
• whether Horizon Power has decided to give access to the documents and an explanation of that decision; and
• what rights the applicant has to request a review of Horizon Power’s decision.

If a Notice of Decision is not provided to an applicant within the 45 day period, it is taken that Horizon Power has refused the application. The applicant then has the option of applying to have the refusal of the application reviewed. This process is explained under heading 5.5 below.

5.3 Fees

The following table lists the fees that can be imposed under the FOI Act.

The above fees do not apply for access to personal information about the applicant.

5.4 Documents which are exempt from disclosure

Horizon Power is not required to consult or grant access to a document containing information that is exempt from disclosure under the FOI Act.
Exemptions are set out in Schedule 1 of the FOI Act. Documents that may be exempt from disclosure include documents that contain:

• personal, commercial or business information about a third party (not the applicant);
• information that is subject to legal professional privilege; 
• information of a confidential nature that was communicated in confidence;
• information relating to the deliberative processes of Horizon Power; and
• commercial or business information about Horizon Power.

Where Horizon Power refuses access on the ground that a document is exempt, the reasons for the decision and the nature of the relevant exemption will be explained in the Notice of Decision provided to the applicant.

5.5 Review rights

If an applicant is dissatisfied with Horizon Power’s decision with respect to the provision of access to documents, the applicant may apply to Horizon Power to have the decision reviewed internally, unless the decision was made by Horizon Power’s Chief Executive Officer in which case the right of review is to the Information Commissioner.

Applications for an internal review of a decision must be forwarded in writing to Horizon Power within 30 days of receipt of the Notice of Decision. The application must be sent to Horizon Power’s Freedom of Information Coordinator.

Where any matter remains in dispute after an internal review, the applicant has the right to lodge a complaint with the Information Commissioner who will then decide whether to conduct an ‘external review’ of the matter. The complaint must be lodged within 60 days of the Notice of Decision.

The internal and external reviews may confirm Horizon Power’s decision, vary the decision, or completely set aside the decision and provide a substitute decision. No fees or charges apply to the internal or external reviews.

6.1 How to make an application to amend personal information

Individuals have the right to apply to Horizon Power for the amendment of their personal information in a document held by Horizon Power that is inaccurate, incomplete, out of date or misleading.

The closest relative of a deceased person has the right to apply for the amendment of personal information about the deceased person.

The following table sets out how to make an application to amend personal information.

6.2 Process once an application to amend personal information is made

On receipt of an application to amend personal information Horizon Power will notify the applicant in writing that the application was received.

Under the FOI Act Horizon Power has 30 days from receipt of the application to make a determination, in accordance with the FOI Act, whether it will amend the personal information as requested.

On completion of the determination process Horizon Power will prepare a ‘Notice of Decision’ which will set out:

• the person who made the decision and the date on which the decision was made;
• whether Horizon Power has decided to amend the personal information as requested; and
• what rights the applicant has to request a review of Horizon Power’s decision

6.3 Rights of review

If an applicant is dissatisfied with Horizon Power’s decision with respect to an application to amend personal information the applicant may apply to Horizon Power to have the decision reviewed internally unless the decision was made by Horizon Power’s Chief Executive Officer in which case the right of review is to the Information Commissioner. 

Applications for an internal review of a decision must be forwarded in writing to Horizon Power within 30 days of the Notice of Decision. The application must be sent to Horizon Power’s Freedom of Information Coordinator.

Where any matter remains in dispute after an internal review, the applicant has the right to lodge a complaint with the Information Commissioner who will then decide whether to conduct an ‘external review’ of the matter. The complaint must be lodged within 60 days of the Notice of Decision.

The internal and external reviews may confirm Horizon Power’s decision, vary the decision, or completely set aside the decision and provide a substitute decision. No fees or charges apply to the internal or external reviews.