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Kelvin Derksen-Luelf and Department of Premier and Cabinet
Mr Kelvin Derksen-Luelf is an entrepreneur with a business within the Derwent Valley local government area. He submitted an application for assessed disclosure to Derwent Valley Council (Council) under the Right to Information Act 2009 (Tas) (the Act) seeking a copy of a statutory declaration submitted by a Council officer.
Council transferred the application to the Department of Premier and Cabinet (the Department) which applied exemptions under ss35, 36 and 39 to parts of the document. Mr Derksen-Luelf sought internal review. On internal review the Department maintained that information was exempt under ss35 and 36, no longer relied on s39 and released some further information.
Mr Derksen-Luelf sought external review and the Ombudsman determined:
- exemptions claimed pursuant to s35 were not made out; and
- information was exempt under s36.
Kelvin Derksen-Luelf and Department of Premier and Cabinet (PDF, 223.1 KB)
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Adam Holmes and Department of Premier and Cabinet
On 24 September 2024, Mr Adam Holmes submitted an assessed disclosure application under the Right to Information Act 2009 (the Act) to the Department of Premier and Cabinet (the Department). He requested information related to legal fees charged to the government.
On 27 September 2024, the Department issued its original decision to Mr Holmes. The Department relied on s22(4) of the Act to neither confirm nor deny the existence of relevant information.
Mr Holmes sought internal review, and the Department altered its position. It continued to rely on s22(4) in relation to part of the requested information, but it released other information in part. Exemptions were also claimed under ss31 and 36.
Mr Holmes sought external review. The Ombudsman determined:
- exemptions claimed pursuant to ss30, 31 and 36 should be varied; and
- exemptions under s39 apply.
Adam Holmes and Department of Premier and Cabinet (PDF, 348.6 KB)
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Ella Haddad and Department of Premier and Cabinet
On 25 September 2023, Ms Ella Haddad MP submitted an application for assessed disclosure under the Right to Information Act 2009 (the Act) to the Department of Premier and Cabinet (the Department) requesting information in relation to workplace complaints.
The Department’s decision held that exemptions pursuant to ss30, 31, 36 and 39 of the Act applied to the information responsive to Ms Haddad’s request.
Ms Haddad sought external review of this decision. The Ombudsman determined that:
- exemptions claimed pursuant to s30 were not made out;
- exemptions claimed pursuant to s31 were upheld; and
- exemptions claimed pursuant to ss36 and 39 were varied.
Ella Haddad and Department of Premier and Cabinet (PDF, 206.1 KB)
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Rebecca White and Department of Premier and Cabinet
In June 2023, an agreement was made between the Department of Premier and Cabinet (the Department) and Font PR, a public relations company, for media liaison and support in the Office of the Premier. Concerns were raised regarding the possibility of inappropriate access to confidential information.
On 7 July 2023, Ms Rebecca White, then Leader of the Opposition, submitted an application for assessed disclosure under the Right to Information Act 2009 (the Act) to the Department seeking information regarding the appointment of Font PR.
On 20 September 2023, Ms White sought external review as the timeframe for a decision to be provided had elapsed. The Department subsequently issued a decision and applied ss 31, 35, 36 and 39 to exempt some information.
The Ombudsman determined:
- exemptions claimed pursuant to ss31, 35 and 36 were varied; and
- exemptions claimed pursuant to s39 were not made out.
Rebecca White and Department of Premier and Cabinet (PDF, 225.1 KB)
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Rick Snell and Department of Premier and Cabinet
Mr Rick Snell is an Adjunct Associate Professor at the Law School of the University of Tasmania with an interest and expertise in the field of right to information law.
The Right to Information Uplift Project was initiated by the Tasmanian government to identify opportunities to improve the provision of right to information services by the Tasmanian State Service.
Mr Snell submitted an application for assessed disclosure under the Right to Information Act 2009 (the Act) to the Department of Premier and Cabinet (the Department) seeking a copy of a discussion paper produced by the Right to Information Uplift Project Steering Committee. The Department applied s35 of the Act to exempt some information and maintained this position upon internal review. Mr Snell sought external review.
The Ombudsman determined that the exemptions claimed pursuant to s35 should be varied.
Rick Snell and Department of Premier and Cabinet (PDF, 200.1 KB)
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O and Department of Premier and Cabinet
On 20 September 2021, O made an assessed disclosure request under the Right to Information Act 2009 (the Act) to Digital Strategy and Services (DSS), a division of the Department of Premier and Cabinet (the Department). The information sought by O was every single email with her family surname and including the first names both her and her deceased sister. The request included any emails held by the Department but also extended to emails received or generated by the Department of Police, Fire and Emergency Management (DPFEM).
On 15 October 2021, the Department released information that it held but was unable to assist in relation to DPFEM information. O believed that metadata for emails of the whole state government was retained by DSS and could be accessed by the Department, but the Department advised that this was not correct. O sought internal review but the decision remained unchanged. She then sought external review.
The Ombudsman affirmed the Department’s decision and determined that a sufficient search was undertaken in response to the request for assessed disclosure and the information sought by the applicant was not in the possession of the Department.
O and Department of Premier and Cabinet (PDF, 190.8 KB)
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Ms Debbie Wisby and Ms Jennifer Crawford and Department of Premier and Cabinet
The Glamorgan Spring Bay Council’s General Manager (GM) conducted an investigation into an alleged breach of confidentiality. Two Councillors applied for all information relating to or touching upon: the investigation; or contact regarding it between the GM and specified officers of the Department’s Local Government Division (LGD). The Department released most of the information, but not emails in which the GM requested, and an officer of the LGD provided, advice regarding the investigation. These were claimed to be exempt pursuant to s35(1)(b) and, on internal review, s39(1)(b).
The Ombudsman considered the emails under both s35(1)(b) and s39(1)(b). It was arguable they came within these exemptions. However, the Ombudsman was not satisfied disclosure would be reasonably likely to impair the ability of the LGD to obtain similar information in the future, as required for exemption under s39(1)(b). Both sections are subject to the s33 public interest test. After considering a range of relevant matters, the Ombudsman determined that the emails should be disclosed as this would not harm the public interest.
Ms Debbie Wisby and Ms Jennifer Crawford and Department of Premier and Cabinet (PDF, 133.7 KB)