On 14 December 2010, the Ombudsman handed down his decision in Kim Booth MP v Forestry Tasmania. This decision was made after the matter was remitted to him by Porter J of the Supreme Court of Tasmania, in a judgment under the title of Forestry Tasmania v Ombudsman [2010] TASSC 39. The Ombudsman found that all of the information at issue is exempt from release, under s 32(a) of the Freedom of Information Act 1991.
Access refused to information held about S. Determination that some information not exempt as it related to S’s personal affairs. Some information legally privileged but privilege had been waived. Balance not exempt under s 27.
Access refused to spreadsheets. Determination that information not exempt as department had not provided any evidence to establish that information qualified for exemption.
Access refused to information about investigation by KPMG of funds provided by Property Agents Board to Real Estate Institute of Tasmania. Determination that some information exempt under s 27, other information exempt under s 31 as it would expose third parties to competitive disadvantage and further information exempt under s 33 as disclosure of confidential communications would impair ability of department to obtain similar information in the future.
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