What is the Selangor state’s Freedom of Information (FOI) Enactment 2011?
The FOI 2011 was gazetted on 25 August 2011 and came into force on 5 March 2013, with the consent of the Sultan of Selangor. The enactment was put in place as a means of enhancing disclosure of information in the public’s interest, and to give individuals an opportunity to access information pertaining to the state government’s undertakings. Ultimately, the purpose of this enactment is to promote accountability and transparency, which serves to eliminate corruption.
Who can apply for information?
- Any individual; or
- Any organisation
Where can this application be made?
- Relevant Selangor state government department
*Refer to appendix for list of officers
What information can you obtain?
- Any information that is under the jurisdiction of Selangor state government (it is unlawful for the state to withhold information that does not fall under the following categories);
- Unless it is withheld for the reasons below:
- Information does not exist
- Information is not under the control of the department.
- Accessing the information would interfere unreasonably with the operations of the department.
- Accessing the information compromises the information itself.
- Accessing the information infringes copyrights.
- Information applied for is vexatious or unreasonable.
- Information has been released to the same person in the past six months.
- Information would involve disclosure of personal information of a third party individual (unless applicant is a legal guardian/next of kin/legal administrator of a deceased third party; or third party individual has consented to the disclosure).
- Information is listed under the Official Secrets Act 1972*.
- Information belongs to a third-party and communicating it would constitute to a breach of confidence*.
- Third party information contains trade secrets or communicating it would jeopardise the owner’s financial or commercial interests*.
- Third party information belongs to another state or international body, and communicating it may jeopardise Selangor state’s relations with them*.
- Information has the potential to terribly damage Selangor’s development*.
*These clauses are exempted if the information, under the Selangor state’s jurisdiction, is for the greater good of the public, or if the required information is 20 years or older than the application date.
- Applicant will be granted access to confidential information listed above if the exempted information can be removed from the information/documentation. Applicant will be informed about the removal of information.
How can you obtain information?
- Identify the department that your informational need falls under.
- Refer to appendix to obtain department’s contact details.
- Call the department to obtain details of the Information Officer.
- Submit a hard copy of the application by hand*:
- Fill out Borang A Jadual Pertama found in the appendix below, addressed to the specific Information Officer;
- Include your full name and address;
- Describe the information applied;
- State the reason and purpose for application;
- And include payment of: RM2 application fee + RM10 processing fee (non-refundable deposit) = RM12
- Information Officer will give you a written acknowledgement of application upon submission
*The Information Officer will fill out the application for those who require writing assistance (due to illiteracy or inability to read/write) and provide a copy of the application to the applicant.
- Information Officer will process your application and provide a written reply within 30 days of application (general information), or within 7 days of application if required information involves risk to life or individual freedom.
- If the application is successful, you would be required to pay additional processing fees, if necessary, as seen in the table below:
|1||Finding & obtaining information||10.00 per hour|
|2||Consultation and decision-making process||10.00 per hour|
|3||Monitor applicant’s inspection of information||10.00 per hour|
|4||Rental devices to access cassettes, VHS tapes, or film reels||Actual cost|
|5||Operating devices to enable accessing information on cassettes, VHS tapes, or film reels||10.00 per hour|
|6||Other devices required for accessing information||Actual cost|
|7||Photocopy||a) 0.20 per page – A4 B&W
b) Actual cost – other materials
|8||Copy of cassettes, VHS tapes or film reels||Actual cost|
|9||Written transcript||Actual cost|
|10||Packaging materials for postage||Actual cost|
|11||Delivery or postage fees||Actual cost|
- Information will then be provided to you via an appropriate channel/medium.
Unsuccessful application & Appeal
- If the application is unsuccessful, the Information Officer will provide, in writing, the reason for rejection and the means in which you can appeal the decision.
- You may then submit your appeal to the Board of Appeal within 21 days of reply of the Information Officer’s response by:
- Submitting Borang A – Jadual Kedua to the Registrar of the Appeal Board (as many copies as required by the Registrar. A copy of the appeal should also be sent to the Information Officer
- Together with an appeal fee of RM50
- If your appeal is successful, you would then be required to pay the appropriate service fees:
|1||Fees for preparation of documents for hearing||50.00|
|2||Fees to issue notice of hearing||50.00 per notice|
|3||Fees to issue summons to every witness||50.00 per summon|
|4||Fees to issue summons to produce documents||50.00 per summon|
|5||Fees to supply notes of evidence of proceedings of the State Information Board||100.00 per copy|
|6||Fees for preparation of documents of the decision of the State Information Board||25.00 per copy|
When can you submit your application?
- Mondays to Fridays, 9am – 5pm.
- Offices will be closed on public holidays.
For more information regarding the Selangor FOI 2011:
- Please call the Department of Human Resources,
Office of the Selangor State Government Secretary
at 03-5544 7671 / 7059
- Or email firstname.lastname@example.org / email@example.com
Note: Please thoroughly read the Selangor Freedom of Information Enactment 2011 and/or the Rules & Regulations prior to your application as the above is merely a summarised guide.
- Selangor – Borang A Jadual Pertama
- Information Officers List
- Selangor Freedom of Information Enactment 2011 – BM & EN
- Rules, Regulations & Forms – BM & EN
Disclaimer: Information displayed here is sourced from the Selangor State Government’s website (unless otherwise stated), and thus accuracy and precision of information gathered is dependant on the information provided on http://www.selangor.gov.my