The issue for determination was whether a decision made by the delegate of a Minister is subject to internal review under the Right to Information Act 2009 and whether the Ombudsman has jurisdiction under the Act to conduct an external review of such a decision. The review considered Sections 43, 44 and 45 of the Act and found that there was no right to internal review of such a decision and therefore no jurisdiction to accept an application for external review.
Mr Billings (a journalist on ‘The Mercury’ newspaper) requested CCTV footage of an event at Ashley Youth Detention Centre in July 2016. The Ombudsman determined that the footage should not be released, as various exemption grounds under s30(1) of the Right to Information Act 2009 were satisfied. Under the Act, s30 exemptions are not subject to the public interest test at s33.