RTI Decisions search

Your search for Derwent Valley Council returned 2 results.

• Kelvin Derksen-Luelf and Derwent Valley Council

  On 7 June 2023, Mr Derksen-Luelf sought information through assessed disclosure under the Right to Information Act 2009 (the Act) from the Derwent Valley Council (Council). The applicant, who is involved in the New Norfolk Distillery (the Distillery), was seeking information about the dissemination of two documents regarding the project - a commercial lease agreement and a letter from the Premier’s Office.

  Council located four emails responsive to the request and determined that three were exempt under s31 (legal professional privilege). Mr Derksen-Luelf sought internal review but Council maintained its position. He then sought external review regarding the exemption applied and also querying whether Council had undertaken a sufficient search for relevant information.

  The Ombudsman determined that:

  * exemptions claimed by Council pursuant to s31 were affirmed; and

  * despite valid issues initially presenting, Council ultimately undertook a sufficient search for information responsive to the request.

  Kelvin Derksen-Luelf and Derwent Valley Council (PDF, 299.0 KB)
  Oct 2024 Sections 31 43 Section 31 Section 43-45 Derwent Valley Council

• Brett Maryniak and Derwent Valley Council

  Mr Brett Maryniak is a resident of the Derwent Valley local government area.  On 2 May 2023 he made an application to Derwent Valley Council (Council) for assessed disclosure under the Right to Information Act 2009 (the Act) seeking information, documents and communications related to Derwent Valley Arts community organisation.

  Council relied upon s19 of the Act to refuse the application on the grounds that the work involved in providing the information would substantially and unreasonably divert the resources of Council.  Mr Maryniak sought external review.

  The Ombudsman determined that Council was not entitled to rely upon s19, and directed Council to reassess the application in accordance with the Act.

  Brett Maryniak and Derwent Valley Council (PDF, 181.6 KB)
  Sep 2024 Section 19 Derwent Valley Council