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Jeff Thompson and Tasmania Police
Mr Thompson sought a broad range of information held by Tasmania Police as a result of several charges laid against him. Tasmania Police refused the information on the basis it would be a substantial and unreasonable diversion of its resources. On review the Ombudsman found Tasmania Police grossly underestimated the volume of information held and its decision to refuse was affirmed.
Jeff Thompson and Tasmania Police (PDF, 612.0 KB) -
Ivan Dean MLC and Department of Health
The Department proposed, in a regulatory impact statement (RIS), new laws regarding e-cigarettes, tobacco licensing and smoking. It published most submissions on the RIS, but not six marked confidential. Ivan Dean MLC applied for those six submissions. The Department refused to release them. On internal review, Mr Dean sought to narrow the scope of his application to submissions by tobacco companies. The Department contested his ability to do so, reviewed all six submissions and again refused to release any. The Ombudsman determined that: an applicant is entitled to limit the scope of information sought on internal review; and the one submission by a tobacco company should be released in full. Although marked 'Private and Confidential', the submission was not, in law, ‘communicated in confidence’. Nor would its release impair the Department's ability to obtain similar information in the future. Furthermore, non-disclosure would be antithetical to Australia’s international treaty obligations and to the public interest.
Ivan Dean MLC and Department of Health (PDF, 838.8 KB) -
T and Tasmania Police
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) -
Dr George Lane and Tasmania Police
Dr George Lane is a scientist who had been undertaking some consultancy work for which he ordered equipment from China. Tasmania Police was alerted to a parcel potentially containing glassware consistent with drug manufacture. A search warrant was issued and Dr Lane's property was searched. He sought information from the Police Service relating to the incident. Tasmania Police exempted much of the material as it related to the enforcement of the law, or for other reasons such as internal deliberative and personal information. While most of the information remained exempt, the Ombudsman made some variations to the Police Service’s decision.
Dr George Lane and Tasmania Police (PDF, 1.9 MB) -
Rudra Sharma and Department of Primary Industries, Parks, Water and the Environment
Mr Sharma has had ongoing interactions with the Land Titles Office in relation to his property in Sandy Bay. There was an adverse decision not to approve something Mr Sharma sought and he subsequently submitted a request for the information relating to that decision.
The Department refused the release of the information on the basis it formed internally deliberative material and the public interest test did not support its release. The Ombudsman found this was not fully correct and he varied the decision.
The common issues with this decision relate to proper consideration of use of s35 and the public interest test.
Rudra Sharma and Department of Primary Industries, Parks, Water and the Environment (PDF, 1.5 MB) -
Ms Louise Grahame and City of Hobart
Louise Grahame ran a stall at the Salamanca Market. Conflict between Ms Grahame and a number of other stallholders saw complaints made to the Council, which manages the market, by other stallholders about Ms Grahame. She sought copies of these complaints and emails relating to her and the market. The Council released a large amount of information but exempted in full or part various documents it claimed were internal deliberative information or information obtained by Council in confidence. It also redacted some personal information. The Ombudsman determined that most of the information was not exempt, including the identities of stallholders who had made complaints about Ms Grahame. While the latter was personal information, the public interest, including reasons of procedural fairness, entitled Ms Grahame to know the identities of those who had complained about her. However, a complainant's argument that their telephone number and personal email address were exempt information was upheld.
Ms Louise Grahame and City of Hobart (PDF, 13.4 MB) -
Richard Webb and Department of Primary Industries, Parks, Water, and the Environment
Mr Webb sought information from the Department in relation to the development proposal on Halls Island, Lake Malbena. The request sought a range of information that primarily included some leases for Halls Island and some documents to the relevant Minister.
One of the core parts of this review was whether or not the two leases sought for Halls Island was information obtained in confidence as claimed by the Department. The Ombudsman overturned this in full on the basis the Department's own lease documents could not constitute information obtained in confidence that, if released, would impair its ability to obtain similar information in the future.
Richard Webb and Department of Primary Industries, Parks, Water, and the Environment (PDF, 1.5 MB) -
Graeme Gilmour and TT-Line
Mr Gilmour runs a caravan park in Tasmania's north west. Mr Gilmour has noticed changes over the years and so he sought information from the TT-Line in relation to the number of recreational vehicles that might be traveling to Tasmania.
TT-Line refused this information on the basis that, if its cargo carrying capacity and freight movements were revealed, it would expose it to competitive disadvantage. The Ombudsman overturned this decision and determined the information should be released.
Graeme Gilmour and TT-Line (PDF, 1.1 MB) -
Graham Gourlay and University of Tasmania
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.
Graham Gourlay and University of Tasmania (PDF, 1.0 MB) -
Nick McKim and Department of Primary Industries, Parks, Water, and the Environment
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.
Nick McKim and Department of Primary Industries, Parks, Water, and the Environment (PDF, 6.0 MB) -
Environment Tasmania and Department of Primary Industries, Parks, Water and the Environment
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.
Environment Tasmania and Department of Primary Industries, Parks, Water and the Environment (PDF, 2.5 MB) -
Damon Smith and Tasmania Police
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.
Damon Smith and Tasmania Police (PDF, 888.3 KB) -
Michael Atkin and Tasmania Police
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.
Michael Atkin and Tasmania Police (PDF, 1.1 MB) -
William Yabsley and Department of Justice
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.
William Yabsley and Department of Justice (PDF, 1.2 MB) -
Mandy Squires and Department of Primary Industries, Parks, Water, and the Environment
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.
Mandy Squires and Department of Primary Industries, Parks, Water, and the Environment (PDF, 2.2 MB) -
Michael Atkin and Forestry 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.
Michael Atkin and Forestry Tasmania (PDF, 1.3 MB) -
Rosalie Woodruff MP and the Department of Primary Industries, Parks, Water, and the Environment
In an original application, Ms Woodruff requested information from the Department in relation to four fin-fish farming organisations. The Department originally applied s19 and appropriately offered Ms Woodruff an opportunity to revise her application.
Ms Woodruff did this, cutting the application down to just one of those companies. Once that decision was completed, Ms Woodruff then submitted two additional applications - each one dealing with one of the three remaining companies removed from her original application. The Department refused this under s20 claiming it a repeat application.
Rosalie Woodruff MP and the Department of Primary Industries, Parks, Water, and the Environment (PDF, 2.5 MB) -
Gina Green and King Island Council
Ms Green alleged that a development application that was put out for public comment by King Island Council was different to the actual development. Ms Green submitted an application for assessed disclosure to Council, seeking a copy of the DA.
Council refused the application under s19 on the basis it only allocated 1% of one of its officer's time to processing RTI applications. The Ombudsman determined this was not appropriate and overturned the use of s19, directing an assessed disclosure be undertaken.
Gina Green and King Island Council (PDF, 1.2 MB) -
Richard Baines and Department of Education
Mr Baines sought a range of information from the Department of Education in relation to a presentation that was to be held by Mr Steve Biddulph. Ultimately, the decision addressed whether information contained in Question Time Briefs (QTB) and Notices of Motion (NoM), among other things, could be exempt under s27 on the basis it was internal briefing information of a Minister.
Richard Baines and Department of Education (PDF, 650.7 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 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) -
Damien Matcham and Brighton Council
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.
Damien Matcham and Brighton Council (PDF, 1.0 MB) -
Timothy Baird and Launceston City Council
Mr Baird requested information relating to the City of Launceston's plan to upgrade the Sea Port Boardwalk. Specifically, Mr Baird sought information leading to the appointment of Darcon Pty Ltd as the successful tenderer.
This decision considered the points of 'competitive disadvantage' under s37 and the balance between public interest and deliberative information.
Timothy Baird and Launceston City Council (PDF, 689.3 KB) -
Mr Simeon Thomas-Wilson 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".
Mr Simeon Thomas-Wilson and City of Hobart (PDF, 124.7 KB) -
Huon Aquaculture Group Pty Ltd and Department of Primary Industries, Parks, Water and Environment
On 7 November 2013, an application for assessed disclosure under the Right to Information Act 2009 (the Act) was received by the Department of Primary Industries, Parks, Water and Environment (the Department) from Tassal Operations Pty Ltd (Tassal). Tassal sought information relating to Huon Aquaculture Group Pty Ltd (Huon) and any interaction it has had with wildlife. A large number of documents were collated and the Department consulted with Huon pursuant to section 37(2) of the Act. Huon was advised that while some information was deemed exempt under the Act, the Department had decided to release a significant amount of information.
Huon sought an internal review, and the internal review decision was made on 16 July 2014. While further information was exempted, the Department’s internal review decision still proposed to release the majority of the relevant information. Huon continued to object to this and sought an external review.
The external review relates to exemptions claimed under ss37, 39 and 42 of the Act.The Ombudsman determined that:
- Exemptions claimed pursuant to s37 were varied; and
- Exemptions claimed pursuant to ss39 and 42 were affirmed.
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The Hon. Bryan Green MP and Department of Treasury and Finance
The applicant sought information about briefings the Department had prepared in relation to GST distribution as a result of the Australian Government budget. On review the Ombudsman affirmed that much of the information was exempt under s27, s35, and s36 of the Right to Information Act 2009 and that it was contrary to the public interest to disclose this information. Despite the claims of the Department, names of staff who had prepared and cleared the briefings were not maintained as exempt.
The Hon. Bryan Green MP and Department of Treasury and Finance (PDF, 700.3 KB)