RTI Decisions search

Andrew Hunter and Department of Natural Resources and Environment Tasmania

Mr Andrew Hunter is Campaigns Manager for Birdlife Australia, a bird conservation not-for-profit organisation. On 14 April 2023, he made an application for assessed disclosure under the Right to Information Act 2009 (the Act) seeking information from the Department of Natural Resources and Environment Tasmania (the Department) regarding conversion or exchange orders of future potential production forest land to permanent timber production zone land.

On 14 June 2023, the Department released a decision to Mr Hunter, determining that the 88 pages of information relevant to his request was exempt in full pursuant to section 26 of the Act (cabinet information). On 12 July 2023, Mr Hunter sought external review of the Department’s decision.

The Ombudsman determined that:

exemptions claimed pursuant to s26 were varied; and
information was exempt under s35.

Andrew Hunter and Department of Natural Resources and Environment Tasmania (PDF, 236.5 KB)

Nov 2024 Sections 26 35 Section 26 Section 35 Department of Natural Resources and Environment

Emma Hamilton and Department of Natural Resources and Environment Tasmania

In 2019 the Tasmanian Government announced plans to build a prison on Birralee Road in Westbury in Tasmania’s north. Ms Emma Hamilton is a Westbury resident opposed to the construction of this prison.

On 25 June 2020, Ms Hamilton submitted an application for assessed disclosure under the Right to Information Act 2009 (the Act) to the Department of Natural Resources and Environment Tasmania, then known as the Department of Primary Industries, Parks, Water and the Environment (the Department), requesting information related to the transfer of a property on Birralee Road in Westbury from the Crown to the Tasmanian Land Conservancy.

In its original decision, the Department redacted information responsive to Ms Hamilton’s application pursuant to ss26, 31, and 36. The Department’s original decision was affirmed on internal review.

On external review, the Ombudsman determined that:

exemptions claimed pursuant to ss26, 31 and 36 should be varied; and
information is exempt pursuant to s35.

Emma Hamilton and Department of Natural Resources and Environment Tasmania (PDF, 358.0 KB)

Nov 2023 Sections 26 31 35 36 Section 26 Section 31 Section 35 Section 36 Department of Natural Resources and Environment

Robert Hogan and University of Tasmania

Mr Robert Hogan is opposed to the plan to relocate the campus of the University of Tasmania (the University) to central Hobart. On 24 March 2022, Mr Hogan made an application for assessed disclosure under the Right to Information Act 2009 (the Act) to the University for copies of the minutes of meetings of the University Council.

On 27 May 2022, the University released a decision to Mr Hogan. He was provided with some information but other information was found to be exempt under ss37 and 38 of the Act. Mr Hogan sought internal review and on 18 July 2022, the University released an internal review decision which affirmed the original decision. Mr Hogan sought external review of that decision.

The Ombudsman found that exemptions claimed by the University under s37 were not made out and those claimed under s38 were to be varied.

Robert Hogan and University of Tasmania (PDF, 267.4 KB)

Jun 2023 Sections 26 35 37 38 40 Section 26 Section 35 Section 37 Section 38 Section 40 University of Tasmania

Michael Atkin and Tasmania Police

Mr Atkin, an ABC journalist, submitted a request to Tasmania Police seeking information in relation to the gun trafficking trade in Tasmania in February 2015. Nearly 300 pages of information were claimed exempt under a range of different sections given the sensitivity of the information. The application of the various sections was largely supported by this office with a few minor changes to Tasmania Police’s decision.

Michael Atkin and Tasmania Police (PDF, 1.1 MB)

Oct 2019 Sections 26 27 30 Section 26 Section 27 Section 30 Department of Police, Fire and Emergency Management