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Malcolm Gardam and Devonport City Council
Mr Malcolm Gardam is a resident of the Devonport local government area. On 21 February 2024, he submitted an application for assessed disclosure to Devonport City Council (Council) under s13 of the Right to Information Act 2009 (the Act) seeking information about the Waterfront Parkland Redevelopment.
Council relied upon s37 of the Act to exempt a contract with an external party and determined other information did not exist. Council maintained this position on internal review and Mr Gardam sought external review.
The Ombudsman determined:
- exemptions claimed pursuant to s37 were varied; and
- Council had conducted a sufficient search for information.
Malcolm Gardam and Devonport City Council (PDF, 180.3 KB)
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Malcolm Gardam and Devonport City Council
On 22 May 2022, Mr Malcolm Gardam made an application for assessed disclosure under Right to Information Act 2009 (the Act) to the Devonport City Council. He sought information regarding lease agreements and contracts between Council and key stakeholders in relation to the Living City development in the Devonport area.
On 24 June 2022, Council issued a decision to Mr Gardam. No documents were released and information was claimed to be exempt under ss32 (closed meetings of council) and 37 (business affairs of a third party).
Mr Gardam sought internal review. The internal review decision affirmed Council’s original decision, except for in relation to one contract which was released with redactions.
On 3 August 2022, Mr Gardam sought external review. The Ombudsman determined that exemptions claimed pursuant to ss32 and 37 of the Act were not made out.
Malcolm Gardam and Devonport City Council (PDF, 326.3 KB)
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Malcolm Gardam and Devonport City Council
On 11 September 2020, Mr Malcolm Gardam made an application for assessed disclosure under the Right to Information Act 2009 (the Act) to the Devonport City Council (Council). He sought information regarding the lease agreement between Council and Providore Place (Devonport) Pty Ltd.
On 8 October 2020, Council issued a decision to Mr Gardam. No documents were released but some responses were provided to matters raised by Mr Gardam. Information was claimed to be exempt under ss31 (legal professional privilege), 32 (closed meetings of council) and 36 (personal information). He sought internal review and Council issued an internal review decision on 22 October 2020. This decision affirmed Council’s first decision in full.
Mr Gardam then sought external review. Council advised during the external review process that it now relied on s37 (information relating to the business affairs of a third party) instead of s32 in relation to some documents.
The Ombudsman determined that:
- Exemptions claimed pursuant to s31 were upheld;
- Exemptions claimed pursuant to ss32 and 36 were varied;
- Exemptions claimed pursuant to s37 were not made out; and
- Information identifying parties to leases was to be redacted by agreement between the parties.
Malcolm Gardam and Devonport City Council (PDF, 295.9 KB)
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Malcolm Gardam and Devonport City Council
On 21 November 2019, Mr Malcolm Gardam made an application for assessed disclosure under the Right to Information Act 2009 to Devonport City Council (Council). He sought information relating to the manner in which public funds had been used by Council regarding ‘The Living City Project’. Council issued a decision on 17 December 2019 which refused the application in full, on the basis that it considered the information exempt due to it relating to information related to closed meetings of council (s32).
Mr Gardam applied for internal review and a further decision was issued, which affirmed the original decision. Mr Gardam then sought external review of Council’s decision.
The Ombudsman determined that exemptions claimed pursuant to s32 were not made out.
Malcolm Gardam and Devonport City Council (PDF, 184.5 KB)
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Robert Vellacott and Devonport City Council
In October 2018, Mr Robert Vellacott made an application for assessed disclosure under the Right to Information Act 2009 (the Act) to the Devonport City Council seeking information about the Providore Place development (now re-named Market Square Pavillion). Council released a decision which provided some explanation of details regarding Council expenditure and contributions to the project, but refused under ss32 and 37 of the Act to provide the majority of information sought, including the signed lease agreement between it and Providore Place Devonport Pty Ltd, any amendments to that lease, and individual figures for fit-out of tenancies. This decision was affirmed on internal review on 24 December 2018. Mr Vellacott sought external review of the exemptions applied to the information and whether a sufficient search for information responsive to his request had been made by Council.
The Ombudsman determined that:
- Exemptions claimed by Council pursuant to s32 of the Act were varied, as the signed lease agreement was not exempt;
- Exemptions claimed by Council pursuant to s37 of the Act were upheld; and
- There had been a sufficient search for relevant information by Council.
Robert Vellacott and Devonport City Council (PDF, 258.6 KB)