RTI Decisions search

Your search for Section 40 returned 2 results.

• Heidi Sandwell and City of Hobart

  Ms Sandwell is a representative of the accommodation booking platform Airbnb. On 24 July 2023, Ms Sandwell requested a range of information related to the City of Hobart’s (Council’s) decision to increase the rates payable for short stay accommodation in the Hobart municipal area.

  This application was subject to various delays, however Council eventually determined to refuse aspects of Ms Sandwell’s application under s19. Council also decided that some requested information was exempt from disclosure pursuant to ss31, 32, 35, 38, 40, and 41 of the Act. Ms Sandwell sought external review.

  The Ombudsman determined that:

  • Council was not entitled to rely on s19 to refuse Ms Sandwell’s application;
  • exemptions claimed pursuant to ss31, 32 and 35 should be varied; and
  • exemptions claimed pursuant to ss38, 40 and 41 were not made out.
  Heidi Sandwell and City of Hobart (PDF, 388.2 KB)
  Jun 2025 Sections 19 31 32 35 38 40 41 Section 19 Section 31 Section 32 Section 35 Section 38 Section 40 Section 41 City of Hobart

• 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