RTI Decisions search

Your search for Kingborough Council returned 2 results.

• Nathanael Elcock and Kingborough Council

  Mr Nathanael Elcock submitted an assessed disclosure application under the Right to Information Act 2009 (Tas) (the Act) to the Kingborough Council (the Council) requesting correspondence sent between Council staff.

  The Council’s initial decision did not release any information, stating it was exempt from disclosure under ss35 and 36 of the Act. It also refused one aspect of his request under s19(1)(a). Mr Elcock sought internal review. On internal review, Council partially released 10 pages of information, redacting parts as exempt under ss35 and 36 of the Act. The internal review decision upheld the partial refusal under s19(1)(a).

  Mr Elcock sought external review and the Ombudsman determined:

  • section 19 did not apply;
  • exemptions claimed pursuant to s35 were not made out;
  • exemptions claimed pursuant to s36 should be varied.
  Nathanael Elcock and Kingborough Council (PDF, 338.6 KB)
  Aug 2026 Sections 19 35 36 Section 19 Section 35 Section 36 Kingborough Council

• Professor Michael Rowan and Kingborough Council

  Professor Michael Rowan is the co-owner of a property in the Kingborough Council (Council) municipal area. A bushfire safety bunker has been installed at the property and Council has been pursuing compliance action on the basis that proper approvals under the Building Act 2016 were not obtained for the bunker. Professor Rowan made an application on 3 December 2021 under the Right to Information Act 2009 (the Act) to Council seeking information regarding such bunkers in general and regarding the bunker at his property in particular. Council located eleven documents and released the majority of the information responsive to his request, with some redactions made pursuant to ss35 and 36. Professor Rowan sought internal review and Council’s internal review decision of 21 January 2022 primarily affirmed its original decision. Professor Rowan then sought external review disputing one s35 redaction in an email, on the basis that the information should not be exempt and was of particular importance in defending imminent enforcement action from Council.

  The Ombudsman determined that the exemption claimed by Council under s35 was not made out and the information should be released to Professor Rowan.

  Professor Michael Rowan and Kingborough Council (PDF, 129.0 KB)
  May 2022 Section 35 Kingborough Council