Supreme Court confirms WALGA Is Subject to Freedom of Information Laws
LOCAL GOVERNMENT ELECTED MEMBERS ASSOCIATION (WA) INC -v- WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION [2026] WASC 102
The Local Government Elected Members Association (LGEMA) today welcomed a landmark decision of the WA Supreme Court, which ruled that the Western Australian Local Government Association (WALGA) is an agency subject to the Freedom of Information Act 1992 (WA) (FOI Act).
This decision follows LGEMA’s challenge to a decision by the former Information Commissioner that WALGA was not subject to the FOI Act.
WALGA has 21 days in which to lodge an appeal against the 1 April 2026 ruling.
LGEMA Chair, Sandra Boulter said, “The decision represents a significant victory for government transparency and accountability, wherein it was decided that WALGA is a public body established for a public purpose with substantial involvement in the process of government, under the FOI Act.”
“This LGEMA win is for Elected Members and ratepayers because their municipal funds support WALGA’s operations” Ms Boulter said.
LGEMA hopes that this decision will persuade the Office of the WA Auditor-General to now undertake financial and performance audits of WALGA, as long called for by LGEMA. LGEMA also hopes the ruling has broader implications for public accountability, noting that WALGA plays a substantial role in policy development, advocacy, law reform and advisory functions affecting Western Australian local governments and their communities.
This appeal was caused by LGEMA’s application to WALGA in 15 December 2022 for records relating to how WALGA selects nominees to the many government bodies to which it has nomination rights, which should now be decided by the new Information Commissioner.
“Freedom of Information laws exist to ensure transparency where organisations perform public functions and/or exert significant influence in the public sphere” Ms Boulter added.
LGEMA trusts that “this decision will enable the public to participate more effectively in governing the State and to enhance the accountability to the public of bodies responsible for local government” paraphrasing Solomon J at para 54.
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Media enquiries:
Local Government Elected Members Association Inc (LGEMA)
Comments above attributable to Sandra Boulter LGEMA Chair Sandra Boulter Mobile 0427 508 582
ROOT CAUSES OF THE CITY OF NEDLANDS’ FAILED GOVERNANCE AND FINANCIAL MANAGEMENT[i]
[i] a much broader opinion piece on this issue is available to some applicants on request