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• Janiece Bryan and Glenorchy City Council

  On 21 June 2019, Ms Janiece Bryan made an application for assessed disclosure under the Right to Information Act 2009 (the Act) to the Glenorchy City Council (Council). Ms Bryan requested access to legal advice Council had received about whether it had the ability to sell the Derwent Entertainment Centre and surrounding land.

  On 11 July 2019 Council issued a decision to Ms Bryan, determining that the information responsive to her request was exempt under s31 of the Act on the basis that it would be privileged from production in legal proceedings on the ground of legal professional privilege.

  On 4 November 2019, Ms Bryan made a second application for assessed disclosure to Council, as she considered Council had since waived privilege over the legal advice. On 21 November 2019, Council issued a decision to Ms Bryan in relation to her second application for assessed disclosure. Council refused to accept the application under s20(a) of the Act, setting out that it was a repeat application and that there was no reasonable basis for seeking the same information again. Council also asserted that the requested information was exempt from disclosure under s31 of the Act.

  This decision was affirmed on internal review and, on 16 December 2019, Ms Bryan made an application for external review. The Ombudsman determined that:

  • Council was not entitled to refuse the application under s20(a);
  • exemptions claimed pursuant to s31 were varied; and
  • exemptions under s35 apply.
  Janiece Bryan and Glenorchy City Council (PDF, 219.2 KB)
  Jun 2023 Sections 20 31 35 Section 20 Section 31 Section 35 Glenorchy City Council