Most of our frequently asked questions are about the right to information process for requesting information from a public authority or minister.
See What are external reviews by the Ombudsman and How to do I apply for an external review from the Ombudsman at the bottom of this page for information on requesting an external review from the Ombudsman.
Please contact us if you can't find the answer you are looking for.
What is Right to Information (RTI)?
Section 7 of the Right to Information Act 2009 (Tas) (the RTI Act) creates a right to information held by public authorities and ministers, unless it is exempt information. This right is legally enforceable and is often referred to as RTI.
The RTI process is the way in which people can access information that is not available to them in some other way. The RTI Act replaced the Freedom of Information Act 1991, but some other states and territories, and the Commonwealth, still refer to freedom of information (FOI). There is not much difference between the two concepts.
The aim of right to information is to improve democratic government in Tasmania. It does this by:
- making the government more answerable to the people
- increasing the ability of the people to participate in their governance
- recognising that information collected by public authorities is collected for – and on behalf of – the people and is the property of the state.
What is information for the purposes of RTI?
Section 5 of the RTI Act defines information. Generally, this means:
- any form in which information is recorded, including in words, figures, letters or symbols, and it includes maps, plans, graphs, drawings and photographs
- any medium in which information is recorded so that it can be reproduced.
This definition is very broad and covers practically anything a public authority or agency could create, not just written documents. It can include emails, text messages, databases, and things such as CCTV and audio recordings.
More information can be found in the Ombudsman’s Manual (PDF, 632.6 KB), section 1.2.3 or page 11 of the online version of the Ombudsman’s Manual.
How does the RTI process work?
The RTI Act refers to four types of disclosure of information:
- assessed disclosure – a disclosure of information made in response to a formal application in accordance with section 13 of the RTI Act
- active disclosure – a disclosure of information in response to a request from a person made in some way other than as a request for assessed disclosure
- required disclosure – a disclosure where the RTI Act or another Act requires information to be published, or where disclosure is required by a law or under an agreement
- routine disclosure – a disclosure of information by a public authority which the public authority decides may be of interest to the public, but which is not a required disclosure, an assessed disclosure or an active disclosure.
What we are concerned with here is assessed disclosure. If a public authority holds information that is not otherwise available to you, you may be able to access it by making an application for assessed disclosure.
Each public authority will have a form you can use to apply for the assessed disclosure of information. If you wish to make an application for information, check the authority’s website or phone and request a form.
Once you have submitted a valid application, the public authority will gather the information that is relevant to your request. An important thing to note is that RTI is relevant to information held by a public authority, not limited to information it created. It must then determine whether it will release the information to you. If the public authority thinks it is appropriate, it may exempt some or all of the information from your request. To do this, it must rely on one or more of the exemptions allowed by the RTI Act.
If the public authority does not release some or all of the information you requested, their decision should explain to you why they think an exemption applies. If you are not satisfied or do not agree that the exemption applies, then you can request a review. In most cases, the public authority will do an internal review of the decision and let you know the result.
If you are still not happy with the outcome, you can ask the Ombudsman to review it. We are the only place you can go to for an external review of a decision on an application for assessed disclosure.
What is an exemption?
If an exemption applies to information you have requested, you are not entitled to it. In the RTI Act, there are 17 reasons why public authorities can decide that information is exempt. Each exemption contains a series of requirements which must be met before information will be exempt.
Some exemptions are absolute meaning that, if the exemption applies, the public authority is not required to release the information. Other exemptions are subject to a public interest test. This means that, even though information might meet the requirements for a particular exemption, it will only be exempted from release if the public authority or the relevant minister considers that it would be contrary to the public interest to release it. If it is in the public interest to release the information, then it should be released to you.
Exemptions that are not subject to the public interest test – meaning that the information is not required to be released – include exemptions for:
- executive council information
- cabinet information
- internal briefing information of a minister
- information affecting national or state security, defence or international relations
- information relating to law enforcement.
Exemptions that are subject to the public interest test include those relating to:
- personal information of a person
- information relating to business affairs of a third party
- information relating to business affairs of a public authority
- information obtained in confidence
- information likely to affect cultural, heritage and natural resources of Tasmania.
Who can I request information from?
You can request information from a public authority or a minister. Under the RTI Act, a public authority includes:
- government departments
- the police service
- local councils
- statutory authorities
- bodies established for a public purpose under a particular Act
- bodies whose members, or a majority of whose members, are appointed by the Governor or a minister
- government business enterprises
- a council-owned company
- a state-owned company.
Is it possible to ask for too much information?
Technically, no. You can request as much information as you like.
Practically speaking, however, if you request too much information, the public authority might refuse to provide it.
Section 19 of the RTI Act allows a public authority or minister to refuse your application if the work involved in providing the information requested:
- would substantially and unreasonably divert the resources of the public authority from its other work
- would interfere substantially and unreasonably with the performance by that Minister of the Minister's other functions.
If a public authority or minister is thinking about refusing your request under section 19, they will first consult with you. This will give you an opportunity to make an application that won’t be refused under section 19.
It is up to you, however, whether you think your original request is reasonable and you wish to persist with it, or whether you are prepared to revise your application to reduce the work required to process it.
Is there anything I am not allowed to ask for?
You are entitled to request anything in the possession of a public authority or minister.
However, you only have a right to information that is not exempt information. The RTI Act contains a number of exemptions that allow a public authority or minister to withhold information from you. The exemptions are there for a purpose. There are legitimate reasons why a public authority or minister may withhold information from you because of one or more of the exemptions.
So, while there is no limit on what you can ask for, there may be limits on what you can get.
For example, you might request the personal information of any person you like, but if you have no legitimate reason to access that information, it is likely to be exempt.
Another example is information relating to the affairs of a business or another organisation that is provided to a public authority in confidence. Or it might be information on the business affairs of the authority. These are potential reasons for exempting information.
Can I request information from any Member of Parliament?
No, the RTI Act only applies to public authorities and members of Parliament who are ministers. The RTI Act defines a minister as a person responsible for the administration of an agency. They have specific areas of responsibility in the Cabinet of the Tasmanian Government. Information in their possession can be requested. You can request information from ministers, but you cannot request information from other members of Parliament or members of the Opposition.
Are there any public authorities I am not entitled to request information from?
Yes. The RTI Act excludes information in the possession of 17 named public authorities or bodies. Information about the actual work that authority or body does is excluded. However, information about the administration of the body or authority is not excluded. The bodies and authorities that are excluded are listed in section 6 of the RTI Act. These include:
- the Governor
- courts, tribunals, judges, associate judges and magistrates
- the Integrity Commission
- the Solicitor-General
- the Director of Public Prosecutions
- the Ombudsman
- the Auditor-General
- the State Service Commissioner
- the Anti-Discrimination Commissioner
- the Public Guardian
- the Health Complaints Commissioner
- Parliament
- a Member of Parliament
- the Commissioner for Children.
Can I request information from a private organisation?
No. The RTI Act only applies to information in the possession of public authorities and ministers.
However, many private organisations are funded by a public authority or perform a role of a public authority. If that is the case, section 8 of the RTI Act says that a person is entitled to information related to:
- the performance by the organisation of its role
- the progress of work
- the evaluation of work
- the expenditure of public money.
However, you are still only entitled to request information in the possession of the public authority. To access this information, you apply to the public authority that has funded the private organisation or on whose behalf it is performing a role. You are not entitled to access it directly from the private organisation.
How long does it take to get a decision?
The RTI Act sets out timeframes for the different stages of processing an RTI application by a public authority or minister. These timeframes can be changed by negotiation in some circumstances. The following timeframes run from the moment your application has been accepted:
- The original decision on your application must usually be made within 20 working days of its acceptance.
- Sometimes a third party (a business or person who is mentioned in the information relating to your request) might need to be consulted by a public authority if they might reasonably be concerned about the release of their information to you. This can increase the timeframe for a decision by another 20 working days.
- An internal review decision must be made within 20 working days of you requesting it (though you can seek external review to the Ombudsman if a decision has not been received after 15 working days).
- A decision on external review is to be completed as soon as practicable after receipt of the application.
What if the timeframe has expired and I haven’t been given a decision?
According to the RTI Act, if the timeframe has expired and you haven’t been given a decision, the public authority or minister is taken to have made a decision to decline to release the information you requested. This is referred to as a deemed refusal.
This gives you the opportunity to request an external review. The Ombudsman will then oversee your application. The Ombudsman can also contact the public authority or minister to get a decision released to you as soon as possible.
A deemed refusal does not necessarily mean that the public authority or minister has actually refused your request. However, it gives you a way to engage the Ombudsman to ensure your application continues to be addressed. It is a protection for you against the inaction of a public authority or minister.
How much does it cost?
Since 1 July 2026, the application fee for requesting information from a public authority or Minister is $49.00. The fee goes up on 1 July every year.
Can the application fee be waived?
Yes, in certain circumstances. The fee might be waived if:
- you are experiencing financial hardship
- you are a Member of Parliament acting in connection with your official duty
- you are a journalist acting in connection with your professional duties
- you are able to show that you intend to use the information for a purpose that is of general public interest or benefit.
You can find the request for a fee waiver on the application form from the relevant public authority.
We have published a guideline in relation to fee waiver – Guideline in relation to charges for information (PDF, 80.1 KB).
Do I have to use the official application form?
No, you don’t. However, it is probably a good idea to do so.
Before an application can be accepted by a public authority, it must meet the minimum requirements in the regulations. The application fee must be paid or a waiver must be granted.
Forms created by public authorities have been designed to ensure that the minimum requirements are met if they are filled out correctly. So, a good way to confirm that you are making a valid application is to use an official application form.
If your application does not meet all of the minimum requirements, there may be unnecessary delays in processing it.
What are internal reviews within a public authority?
Public authority
If you receive a decision and it has been made by an officer within a public authority who has been delegated to make decisions, you can request an internal review if you are not satisfied with it. To do this, write to or email the public authority. Address your request to the principal officer of the authority (for example, the Secretary, CEO, or General Manager of that authority) and request an internal review under section 43 of the RTI Act.
The principal officer of the authority or an officer delegated by the principal officer other than the original decision-maker, must make a fresh decision on your application. If you are still not happy you can request an external review by the Ombudsman.
Decision other than by delegated officer or relating to a minister
If the original decision on your request was made by the minister or their delegate, or by the principal officer of a public authority (Secretary, CEO or General Manager), then you cannot seek internal review. Since the decision came from the authority’s most senior officer or relates to a minister, there is no one who can internally review it. Instead you can request an external review by the Ombudsman.
How do I apply for an internal review from a public authority?
A request for an internal review should be sent to the relevant minister, Secretary, CEO or General Manager. If you received an initial decision, it should have included advice about your right to ask for a review. It should also have included details and timeframes about reviews. If it does not, or you are still unsure, please contact the public authority or minister. You can also contact the Ombudsman’s office to ask for advice.
What are external reviews by the Ombudsman?
If you have received an internal review decision or an original decision made by a minister, the minister’s delegate or a principal officer and you are not happy with it, you can request an external review of the decision by the Ombudsman.
If you request an external review because you don’t agree with a decision to exempt information, the Ombudsman will ask for all information from the public authority or minister which relates to the request. The Ombudsman will also ask for submissions and other relevant information from you or the public authority or minister.
Once all the relevant information has been received, the Ombudsman will review the information that has been claimed to be exempt. The Ombudsman will assess whether it actually meets the requirements for exemption. The Ombudsman will then determine whether it should be released, in whole or in part.
If you request external review because your application for information was refused, or if you believe a public authority didn’t do a sufficient search for relevant information, or if you have similar concerns, the Ombudsman will ask for information from you or the public authority and make a decision about the matter.
The Ombudsman does not advocate for any of the parties involved in a review. The Ombudsman applies the RTI Act objectively taking into account the circumstances of the particular request.
How do I apply for an external review from the Ombudsman?
You can request an external review from the Ombudsman by filling out the application for review form.