RTI Decisions since 2016

Your search returned 209 results.

• 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

• Laura Kelly, on behalf of Environment Tasmania and the Environment Protection Agency

  Environment Tasmania requested information about Huon Aquaculture’s Lonnavale Hatchery and its effect on the Russell River. Some information was released but the EPA considered that all other information was exempt under s39(1)  of the Right to Information Act 2009 (Information obtained in confidence) in the first instance because it had been voluntarily provided by Huon.  On review the Ombudsman determined that none of the remaining information was exempt under s39(1) as disclosure of the information would not be reasonably likely to impair the ability of a public authority or Minister to obtain similar information in the future: s39(1)(b). However,  much of the information was found to be exempt under s37(1) (Information relating to business affairs of third party) and, whilst it was contrary to the public interest to release raw monitoring data,  the Ombudsman determined that it was not contrary to release all other information.

  Laura Kelly, on behalf of Environment Tasmania and the Environment Protection Agency (PDF, 1.6 MB)
  Jun 2017 Sections 22 37 39 Section 22 Section 37 Section 39 Department of Natural Resources and Environment

• Michael Atkin and Department of Primary Industries, Parks, Water and the Environment

  Mr Atkin (a journalist with the ABC) requested information in relation to a fish mortality event in Macquarie Harbour that occurred between 1 December 2014 and 28 February 2015.  Some laboratory report information as to the probable cause of the fish mortality event was released by the Department on internal review. The Ombudsman determined that information relating to the reporting of the fish mortality event by the relevant enterprise to the Department was exempt under s37 of the Right to Information Act 2009 but that, in terms of s33, it was not contrary to the public interest to disclose this.  By contrast, whilst the remaining laboratory report information was exempt under s39, it was contrary to the public interest to disclose any further information from this report.

  Michael Atkin and Department of Primary Industries, Parks, Water and the Environment (PDF, 974.8 KB)
  Apr 2017 Sections 37 39 Section 37 Section 39 Department of Natural Resources and Environment

• 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

• Michael Atkin and Department of Primary Industries, Parks, Wildlife and the Environment

  Mr Atkin (a journalist with the ABC’s 7.30 Report) requested information concerning a third party’s mussel enterprise, including personal information. The Ombudsman determined that the remaining undisclosed information was exempt in accordance with s27, s35 and s36 of the Right to Information Act 2009.   On considering the public interest, the Ombudsman found that the s35 information should remain exempt, whist in the unusual circumstances of this case, it was not contrary to the public interest to disclose the personal information in question.

  Michael Atkin and Department of Primary Industries, Parks, Wildlife and the Environment (PDF, 500.8 KB)
  Mar 2017 Sections 27 36 37 Section 27 Section 36 Section 37 Department of Natural Resources and Environment

• Patrick Billings & the Department of Health and Human Services

  On review, Mr Billings (a journalist on ‘The Mercury’ newspaper) requested the full Operational Review in relation to Ambulance Tasmania’s State Communications Centre power failure and shutdown in July 2015.   The Ombudsman determined that parts of the Operational Review were subject to exemption under s35 of the Right to Information Act 2009 - internal deliberative document - and that it was contrary to the public interest to disclose this information.

  Patrick Billings & the Department of Health and Human Services (PDF, 425.1 KB)
  Feb 2017 Section 35 Department of Health

• 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

• The Hon Cassy O'Connor MHA and the Hon Matthew Groom MHA, Minister for Environment, Parks and Heritage

  The issue for determination was whether a decision made by the delegate of a Minister is subject to internal review under the Right to Information Act 2009 and whether the Ombudsman has jurisdiction under the Act to conduct an external review of such a decision. The review considered Sections 43, 44 and 45 of the Act and found that there was no right to internal review of such a decision and therefore no jurisdiction to accept an application for external review.

  The Hon Cassy O'Connor MHA and the Hon Matthew Groom MHA, Minister for Environment, Parks and Heritage (PDF, 171.9 KB)
  Apr 2016 Minister for Environment, Parks and Heritage