Michael Atkin and Tasmania Police (October 2019)
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.
Atkin and Forestry Tasmania (Sustainable Timber Tasmania)
After the 2014 state election, Mr Atkin, a Tasmanian-based journalist for the ABC at that time, submitted an application for assessed disclosure seeking information that covered emails and other briefings about FSC certification. This included an Incoming Government Briefing (IGB).
This primarily considers the exemption of the IGB and the decision of this office to release parts of it as purely factual information.
Damien Matcham and Brighton Council (January 2018)
Mr Matcham requested seven years' worth of Council related credit card statements and several years worth of the General Manager's diary appointments among other things. Council refused the bulk of the decision under s19 on the basis the work required would be a substantial and unreasonable diversion of its resources from its other work. Some of the information, it claimed, was already publicly available and it subsequently refused to release it under s12 of the Act. The use of s19 was varied - set aside for the credit card statements, but affirmed for the diary entries. A refusal under s12 is not a reviewable decision under the Act.
Timothy Kirkwood and Tasmanian Planning Commission (February 2017)
Mr Kirkwood (Manager of Southern Midlands Council) requested information provided by a third party to the Commission outside of its usual hearing/determination process. The Ombudsman was satisfied that any such information held in respect of the third party related to the Commission’s ‘official business’ and hence was subject to the Right to Information Act 2009. However, all such information was exempt under s36 and it was contrary to the public interest to disclose this.
The decision also explored the interplay between information ‘otherwise available’ under s12(3)(c) of the Right to Information Act 2009 and information (written evidence and submission documents) subject to an obligation to be made public under s12 of the Tasmanian Planning Commission Act 1997.