2019 Decisions

At the time of the request for information, Mr Gourlay was a student at UTAS. He had applied to the ethics committee for approval to undertake some research. The approval was denied. Mr Gourlay sought the names of the members of the ethics committee. The University denied this claiming it was exempt information under s36 and that the public interest test did not support its released. The Ombudsman overturned this decision.

Environment Tasmania asked the Department to provide a range of information about fin-fish farming around Tasmania. The first response was a possible refusal under s19. This was due to the size and complexity of what has been sought. The scope was revised and focused on a smaller sub-set of information about Okehampton Bay. The Department refused its release claiming it would expose a third party to competitive disadvantage under s37. The Ombudsman set this decision aside. While s37 might have been able to apply, it did not satisfy the public interest test.

In June 2014, the Tasmanian Government called for expressions of interest for developments in Tasmanian national parks. Senator McKim requested the proposed locations these developments in November 2014. The Department claimed this information was exempt as it was obtained in confidence and that it was not in the public interest to release it to the public. The Ombudsman overturned this decision and the list was released to Senator McKim.

Mr Smith sought information from Tasmania Police in relation to a complaint he had made. Specifically, he sought a copy of the investigation notes and details that resulted from his complaint.

Tasmania Police exempted some information and released other pieces directly to the applicant. There was some negotiation with Police during this review that resulted in Tasmania Police voluntarily releasing extra information. As a result there were very few pieces of information the Ombudsman determined should additionally be released to the applicant.

Mr Atkin, an ABC journalist, submitted a request to Tasmania Police seeking information in relation to the gun trafficking trade in Tasmania in February 2015. Nearly 300 pages of information were claimed exempt under a range of different sections given the sensitivity of the information. The application of the various sections was largely supported by this office with a few minor changes to Tasmania Police’s decision.

Mr Yabsley asked for a range of information from the Supreme Court of Tasmania. This was in relation to a matter that involved him. The Department refused some of the request on the basis it was already available to Mr Yabsley for a reasonable fee. It also refused the other parts on the basis the Supreme Court is an excluded body under s6. The Ombudsman upheld this decision.

Ms Squires (a journalist with NewsCorp) sought information from the Department about the death of 16 ponies on the Spirit of Tasmania. This was a serious incident and sparked a lot of interest among the media and the public. This is an interesting matter in that a strong public interest does not necessarily guarantee release of information in the right circumstances. The Department relied on exemptions due to enforcement of the law, third party business information, and information obtained in confidence. The decision only upholds those exemptions relating to the enforcement of the law and overturns the others.