Gerry Willis and Department of Health (Dec 2023)

    Mr Gerry Willis is a Furneaux Group resident who is interested in improving health outcomes for residents. On 24 January 2020, he made an application under the Right to Information Act 2009 (the Act) for information regarding the Patient Travel Assistance Scheme operated by the Department of Health (the Department). On 18 September 2020, a decision was issued by the Department to release some of the information to him. This was in a different format to what Mr Willis sought. Mr Willis requested an internal review and, on 20 November 2020, the Department issued an internal review decision. It claimed the information which had not been released to date was exempt under s36 (personal information of a person). Mr Willis sought external review.

    The Ombudsman determined that the majority of the information was not exempt under s36, but some of the data was validly exempt as patients could potentially be identified.

    Gerry Willis and Department of Health (Dec 2023) (PDF File, 159.0 KB)

    Linda Poulton and Department of Natural Resources and Environment Tasmania (Nov 2023)

    In 2019 the Tasmanian Government announced plans to build a prison on Birralee Road in Westbury, Tasmania. Ms Linda Poulton is a Westbury resident opposed to the construction of this prison.

    On 18 August 2020, Ms Poulton submitted an application for assessed disclosure under the Right to Information Act 2009 (the Act) to the then Department of Primary Industries, Parks, Water and Environment, now the Department of Natural Resources and Environment Tasmania (the Department), requesting information related to the transfer of a Birralee Road property from the Crown to Tasmanian Land Conservancy.

    In its original decision, the Department found information responsive to Ms Poulton’s application exempt from disclosure, in full or in part, pursuant to ss27, 31 and 36. On internal review, the Department again found that these exemption provisions applied to exempt, in full or in part, to information responsive to Ms Poulton’s application.

    On external review, the Ombudsman determined:

    • exemptions claimed pursuant to s27 should be affirmed;
    • exemptions claimed pursuant to ss31 and 36 should be varied; and
    • exemptions under s35 apply.

    Linda Poulton and Department of Natural Resources and Environment Tasmania (Nov 2023) (PDF File, 195.3 KB)

    Emma Hamilton and Department of Natural Resources and Environment Tasmania (Nov 2023)

    In 2019 the Tasmanian Government announced plans to build a prison on Birralee Road in Westbury in Tasmania’s north. Ms Emma Hamilton is a Westbury resident opposed to the construction of this prison.

    On 25 June 2020, Ms Hamilton submitted an application for assessed disclosure under the Right to Information Act 2009 (the Act) to the Department of Natural Resources and Environment Tasmania, then known as the Department of Primary Industries, Parks, Water and the Environment (the Department), requesting information related to the transfer of a property on Birralee Road in Westbury from the Crown to the Tasmanian Land Conservancy.

    In its original decision, the Department redacted information responsive to Ms Hamilton’s application pursuant to ss26, 31, and 36. The Department’s original decision was affirmed on internal review.

    On external review, the Ombudsman determined that:

    • exemptions claimed pursuant to ss26, 31 and 36 should be varied; and
    • information is exempt pursuant to s35.

    Emma Hamilton and Department of Natural Resources and Environment Tasmania (Nov 2023) (PDF File, 358.0 KB)

    Lawrence Archer and Dorset Council (Oct 2023)

    On 11 August 2021, Mr Lawrence Archer lodged an application for assessed disclosure under the Right to Information Act 2009 (the Act) with the Dorset Council (Council). The request was for information relating to credit card statements used by the Mayor and General Manager and to a valuation of a parcel of Council land.

    On 28 October 2021, Council released a decision to Mr Archer, refusing his application pursuant to s20(a) and (b) of the Act on the grounds it was a repeat and vexatious application. The position was affirmed on internal review released and Mr Archer applied for external review.

    After receiving a preliminary view from the Ombudsman, Council reconsidered its position and issued a fresh decision, relying on s19 instead to assert that responding to the request would be an unreasonable diversion of Council’s resources from its other work. Mr Archer sought internal review and Council maintained its position. Mr Archer then sought external review.

    The Ombudsman determined that Council was not entitled to refuse Mr Archer’s application for assessed disclosure pursuant to s19 of the Act.

    Lawrence Archer and Dorset Council (Oct 2023) (PDF File, 145.3 KB)

    Manuel Sessink and Meander Valley Council (Oct 2023)

    On 23 December 2019, Mr Manuel Sessink submitted an application for assessed disclosure under the Right to Information Act 2009 (the Act) to Meander Valley Council (Council) requesting 12 items of information regarding the Tasmanian Northern Prison project.

    On 23 January 2020, Council issued a decision to Mr Sessink on some parts of his application. Council found information exempt, either in full or in part, pursuant to ss36, 37, 38, and 39 of the Act.

    As Council had not issued a decision on the balance of his application within the prescribed timeframes under the Act, Mr Sessink made an application for external review to Ombudsman Tasmania on 1 March 2020. On 30 June 2020, Council issued a second decision on the remainder of Mr Sessink’s application, this time applying ss36 and 37 of the Act to partially exempt information from disclosure.

    On external review, the Ombudsman determined that:

    *              Exemptions claimed pursuant to ss36 and 39 should be varied; and

    *              Exemptions claimed pursuant to ss37 and 38 should be set aside.

    Manuel Sessink and Meander Valley Council (Oct 2023) (PDF File, 227.6 KB)