RTI Decisions search

Camille Bianchi and the Department of Health

Ms Camille Bianchi is a freelance journalist who sought information from the Department of Health regarding the response to allegations of misconduct from its former employee at Ward 4K of the Launceston General Hospital, nurse James Griffin. The Department released a decision on 22 July 2020 on the 104 pages of information it located responsive to Ms Bianchi’s request, determining that all documents were exempt pursuant to ss35, 36 and 39 of the Right to Information Act 2009. Ms Bianchi then sought external review of this decision.

During the external review process, the Department reconsidered some of its proposed exemptions and located additional documents responsive to Ms Bianchi’s request, which had not previously been assessed.

The Ombudsman ordered that:
* Exemptions claimed by the Department under ss30 and 39 are not made out;
* Some information was validly exempt under s35 but the release of the majority was not contrary to the public interest;
* The personal information of patients, members of the public, Department staff raising concerns about Mr Griffin and Ward 4K staff was exempt under s36, except job titles for Ward 4K staff;
* The personal information of Mr Griffin, except his personal address, telephone number or date of birth, and the work related personal information of other Department staff, union representatives and consultants is not exempt under s36 and is to be released to Ms Bianchi; and
* Some documents were out of scope of the request or publicly available and not required to be released.

Camille Bianchi and the Department of Health (PDF, 298.0 KB)

Nov 2021 Sections 09 12 30 35 36 39 Section 9 Section 12 Section 30 Section 35 Section 36 Section 39 Department of Health

Carlo Di Falco and Tasmania Police

Mr Carlo Di Falco requested information from Tasmania Police relating to gun crimes. Tasmania Police provided some information, but refused the bulk of the information under s19. Information was also refused as matters were currently before the Court and also because of legal professional privilege.

The Ombudsman upheld Tasmania Police's use of s19 on the basis that the work involved in providing the information would substantially and unreasonably divert the Police Service's resources from its other work. The Ombudsman also found similarly regarding information which could not be produced using the normal computer hardware and software and technical expertise of Tasmania Police. It was refused pursuant to s10.

Carlo Di Falco and Tasmania Police (PDF, 1.2 MB)

Aug 2020 Sections 06 09 10 19 30 Section 6 Section 9 Section 10 Section 19 Section 30 Department of Police, Fire and Emergency Management

William Yabsley and Department of Justice

Mr Yabsley asked for a range of information from the Supreme Court of Tasmania. This was in relation to a matter that involved him. The Department refused some of the request on the basis it was already available to Mr Yabsley for a reasonable fee. It also refused the other parts on the basis the Supreme Court is an excluded body under s6. The Ombudsman upheld this decision.

William Yabsley and Department of Justice (PDF, 1.2 MB)

Jul 2019 Sections 06 09 Section 6 Section 9 Department of Justice