Carlo Di Falco and Tasmania Police (August 2020)

Mr Carlo Di Falco requested information from Tasmania Police relating to gun crimes. Tasmania Police provided some information, but refused the bulk of the information under s19. Information was also refused as matters were currently before the Court and also because of legal professional privilege.

The Ombudsman upheld Tasmania Police's use of s19 on the basis that the work involved in providing the information would substantially and unreasonably divert the Police Service's resources from its other work. The Ombudsman also found similarly regarding information which could not be produced using the normal computer hardware and software and technical expertise of Tasmania Police. It was refused pursuant to s10.

Carlo Di Falco and Tasmania Police (PDF, 1.2 MB)

T and Tasmania Police (June 2020)

T sought information in relation to her complaint to police about an alleged abuser. Tasmania Police processed the request and found most of the information to be exempt. This was mainly on the basis it involved information relating to the enforcement of the law, information subject to legal professional privilege, internal information, or personal information of other people. The Ombudsman considered the decision of Tasmania Police and, while mostly upholding it, held that some further information should be released to T.

T and Tasmania Police  (PDF, 3.0 MB)

The Mercury and City of Hobart

The information at issue was whether information contained in a memorandum of Council constituted legal professional privilege under s31.  This was in response to Council seeking legal advice relating to the Facebook parody page, "Hobart City Council".

The Mercury and City of Hobart (PDF, 124.7 KB)

Christine Smart and City of Launceston

Ms Smart requested information relating to the legal costs incurred by Council in relation to her property, specifically her fence line that bordered an alleyway, that had historically been there for decades. A review of the boundaries identified the discrepancy and Ms Smart was asked to correct it.

Ms Smart's application for assessed disclosure sought the the amount of legal costs incurred by Council after she challenged Council's decision. This matter primarily looks at whether or not the legal costs incurred constitute privileged information.

Christine Smart and City of Launceston (PDF, 1.1 MB)

Dr Michael Powell and the University of Tasmania

Dr Powell submitted a request to UTAS after his contract was not continued. Dr Powell was of the view this was a result of a public comment he made that was contrary to the views of the then sitting member for Bass, Andrew Nikolic. Dr Powell sought information that UTAS claimed exempt as legal professional privilege.

Dr Michael Powell and the University of Tasmania (PDF, 754.3 KB)