RTI Decisions search

Your search for Section 41 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

• John Perry and City of Launceston

  On 11 October 2023, the primary applicant in this matter submitted an assessed disclosure application under the Right to Information Act 2009 (the Act) to the City of Launceston (Council). This application sought Council’s application for the $10m Building Better Regions Fund grant (the BBRF application).

  Pursuant to s37(2) of the Act, Council consulted Mr John Perry, Tasmania’s Coordinator-General, to obtain his view as to whether the BBRF application should be released.

  Despite Mr Perry’s objections, Council decided that the BBRF application should be released. Mr Perry subsequently sought external review of Council’s decision.

  The Ombudsman determined that some information within the BBRF application was exempt from disclosure pursuant to s37 of the Act. However, the Ombudsman found that neither ss38, 39 or 41 applied.

  John Perry and City of Launceston (PDF, 299.3 KB)
  Jan 2025 Sections 37 38 39 41 Section 37 Section 38 Section 39 Section 41 City of Launceston Third Party Review