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C and Sustainable Timber Tasmania

C, the applicant, is a business owner with a professional interest in Tasmanian’s timber resources. On 9 May 2022, C made an application to Sustainable Timber Tasmanian (STT) for assessed disclosure under the Right to Information Act 2009. C sought information Forest Practices Plans (FPPs) and harvest information relating to 23 coupes managed by STT.

A decision was issued on 8 June 2022, relying on s19(1)(a) to refuse the request for assessed disclosure on the basis that to do so for the 23 coupes would substantially and unreasonably divert its resources from its other work. On 11 July 2022 an internal review decision confirmed the original decision and C then sought external review.

The Ombudsman determined that STT was not entitled to refuse the relevant parts of C’s assessed disclosure request pursuant to s19, as he was not satisfied it would cause an unreasonable diversion of STT’s resources from its other work. He directed STT to assess the information responsive to those parts of C’s request in accordance with the provisions of the Act.

C and Sustainable Timber Tasmania (PDF, 247.1 KB)

Feb 2023 Section 19 Sustainable Timber Tasmania

Trevor Burdon and Sustainable Timber Tasmania

Mr Trevor Burdon invested in the Managed Investment Schemes (MIS) regarding plantations grown by Gunns Plantations Limited (Gunns) on land managed by Forestry Tasmania, now Sustainable Timber Tasmania (STT). When Gunns became insolvent in 2013, legal disputes arose between STT and the liquidators for Gunns regarding issues impacting Mr Burdon. On 7 December 2018, Mr Burdon made an application for assessed disclosure under the Right to Information Act 2009 (the Act) seeking information regarding the legal settlement of the dispute and alleged ‘gross underpayment’ of MIS investors by STT in that settlement. On 17 April 2019, STT released a decision to Mr Burdon which found that all information responsive to his request was exempt from release pursuant to ss31, 35, 37, 38 and 40 of the Act. Mr Burdon sought external review of this decision.

The Ombudsman determined that:

Exemptions claimed pursuant to s31 were varied;
Exemptions claimed pursuant to s38 were varied; and
Exemptions claimed pursuant to ss35, 37 and 40 were not required to be assessed, as the relevant information was otherwise exempt.

Trevor Burdon and Sustainable Timber Tasmania (PDF, 193.1 KB)

Jun 2022 Sections 31 38 Section 31 Section 38 Sustainable Timber Tasmania

Michael Atkin and Forestry Tasmania

After the 2014 state election, Mr Atkin, a Tasmanian-based journalist for the ABC at that time, submitted an application for assessed disclosure seeking information that covered emails and other briefings about FSC certification. This included an Incoming Government Briefing (IGB).

This primarily considers the exemption of the IGB and the decision of this office to release parts of it as purely factual information.

Michael Atkin and Forestry Tasmania (PDF, 1.3 MB)

Oct 2018 Sections 17 27 35 Section 17 Section 27 Section 35 Sustainable Timber Tasmania