RTI Decisions search

Richard Baines (ABC) and Department of Health and Human Services

The applicant sought information about a for-profit residential care provider, including payments made to it by the Department. On review the Ombudsman affirmed that much of the information was exempt under s27, s35, s36 and s39 of the Right to Information Act 2009 and that it was contrary to the public interest to disclose this information. Despite the claims of the Department, no information was found to be exempt under s37. However, some information was to be disclosed, including payments made by the Department to the provider, subject to redaction of identifying personal information, as well as factual information contained in information which might otherwise be exempt under s27(1) or s35(1) of the Act. The Department submitted that certain information could not be disclosed by virtue of either s16, s103 or s111A of the Children, Young Persons and their Families Act 1997 Act but the Ombudsman was not generally satisfied of this, considering that the Department was taking too broad a view of the purpose of that Act, although some information was found to be subject to s111A and was not to be disclosed.

Richard Baines (ABC) and Department of Health and Human Services (PDF, 1.8 MB)

Jun 2017 Sections 27 35 36 37 39 46 Section 27 Section 35 Section 36 Section 37 Section 39 Section 46 Department of Health

A and Tasmania Police

The information at issue was whether the will of the applicant’s late parent should be disclosed to them. This decision discusses the requirements of s36 (personal information of a person) of the Right to Information Act 2009 and the intersection it has with the Wills Act 2008. As these Acts appear at face value to contradict each other, the issue of implied repeal by later statute is also considered.

A and Tasmania Police (PDF, 97.5 KB)

Mar 2017 Sections 36 46 Section 36 Section 46 Department of Police, Fire and Emergency Management

Timothy Kirkwood and Tasmanian Planning Commission

Mr Kirkwood (Manager of Southern Midlands Council) requested information provided by a third party to the Commission outside of its usual hearing/determination process. The Ombudsman was satisfied that any such information held in respect of the third party related to the Commission’s ‘official business’ and hence was subject to the Right to Information Act 2009. However, all such information was exempt under s36 and it was contrary to the public interest to disclose this.

The decision also explored the interplay between information ‘otherwise available’ under s12(3)(c) of the Right to Information Act 2009 and information (written evidence and submission documents) subject to an obligation to be made public under s12 of the Tasmanian Planning Commission Act 1997.

Timothy Kirkwood and Tasmanian Planning Commission (PDF, 722.1 KB)

Feb 2017 Sections 12 36 46 Section 12 Section 36 Section 46 Tasmanian Planning Commission

Patrick Billings and Department of Health and Human Services

Mr Billings (a journalist on ‘The Mercury’ newspaper) requested CCTV footage of an event at Ashley Youth Detention Centre in July 2016. The Ombudsman determined that the footage should not be released, as various exemption grounds under s30(1) of the Right to Information Act 2009 were satisfied. Under the Act, s30 exemptions are not subject to the public interest test at s33.

Patrick Billings and Department of Health and Human Services (PDF, 448.4 KB)

Dec 2016 Sections 18 30 46 Section 18 Section 30 Section 46 Department of Health