Right to Information Act 2009 (Tas)

Right to Information Act 2009 An Act to give members of the public the right to obtain information contained in the records of the Government and public authorities and for related purposes [Royal Assent 7 December 2009] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Right to Information Act 2009 . 2. Commencement This Act commences on 1 July 2010 or on such earlier day as may be proclaimed. 3. Object of Act (1) The object of this Act is to improve democratic government in Tasmania – (a) by increasing the accountability of the executive to the people of Tasmania; and (b) by increasing the ability of the people of Tasmania to participate in their governance; and (c) by acknowledging that information collected by public authorities is collected for and on behalf of the people of Tasmania and is the property of the State. (2) This object is to be pursued by giving members of the public the right to obtain information held by public authorities and Ministers. (3) This object is also to be pursued by giving members of the public the right to obtain information about the operations of Government. (4) It is the intention of Parliament – (a) that this Act be interpreted so as to further the object set out in subsection (1) ; and (b) that discretions conferred by this Act be exercised so as to facilitate and promote, promptly and at the lowest reasonable cost, the provision of the maximum amount of official information. 4. Act binds Crown This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, the Crown in all its other capacities. 5. Interpretation (1) In this Act, unless the contrary intention appears – active disclosure means a disclosure of information by a public authority or a Minister in response to a request from a person made otherwise than under Division 2 of Part 2 ; Archives Office has the same meaning as in the Archives Act 1983 ; assessed disclosure means a disclosure of information by a public authority or a Minister in response to an application in accordance with section 13 ; council-owned company means a company incorporated under the Corporations Act that is controlled by one or more councils or another company that is so controlled; Custodial Inspector means the Custodial Inspector appointed under section 5 of the Custodial Inspector Act 2016 ; delegated officer means a person specified in an instrument of delegation in accordance with section 24 ; exempt information means information which is exempt information by virtue of a provision of Part 3 ; external party means a person or organisation who provides the person's or organisation's views pursuant to a request under section 36(2)(f) or section 37(2)(f) ; Implementation Monitor means – (a) the Implementation Monitor within the meaning of the Child Safety Reform Implementation Monitor Act 2024 ; or (b) a person appointed under that Act to act as the Implementation Monitor; Independent Review means the Independent Review of Parliamentary Workplace practices and procedures to support workplace culture conducted by the Anti-Discrimination Commissioner – (a) in his or her capacity as the Anti-Discrimination Commissioner appointed under section 5 of the Anti-Discrimination Act 1998 ; and (b) as appointed, as the Independent Reviewer, by the Premier on 27 July 2021; information means – (a) anything by which words, figures, letters or symbols are recorded and includes a map, plan, graph, drawing, painting, recording and photograph; and (b) anything in which information is embodied so as to be capable of being reproduced; information in the possession of a Minister means information in the possession of a Minister that relates to the official business of the Minister, but does not include information which is in the possession of the Minister for the sole purpose of collation and forwarding to a body other than a public authority; information in the possession of a public authority means information in the possession of a public authority that relates to the official business of the authority, but does not include information which is in the possession of the public authority for the sole purpose of collation and forwarding to a body other than another public authority; Integrity Commission has the same meaning as in the Integrity Commission Act 2009 ; Joint Committee has the same meaning as in the Integrity Commission Act 2009 ; journalist means a person who – (a) is engaged in the profession or practice of reporting, photographing, editing or recording for a media report of a news, current affairs, information or documentary nature; and (b) is paid to perform that profession or practice by a person, or body, that – (i) is subject to a code of ethics and a procedure for the Australian Press Council, or for another person or body that is prescribed, to deal with complaints about persons engaging in such a profession or practice; or (ii) is the holder of a licence under the Broadcasting Services Act 1992 of the Commonwealth; officer, in relation to a public authority, includes a member of the public authority, a member of the staff of the public authority and any person employed by or for the public authority, whether or not that person is a State Service officer or State Service employee; Ombudsman means the Ombudsman appointed under the Ombudsman Act 1978 ; personal information means any information or opinion in any recorded format about an individual – (a) whose identity is apparent or is reasonably ascertainable from the information or opinion; and (b) who is alive, or has not been dead for more than 25 years; principal officer means – (a) in relation to an Agency, within the meaning of the State Service Act 2000 , the Head of Agency; or (b) in relation to the Police Service, the Commissioner of Police; or (c) in relation to a council, the general manager of that council; or (d) the chief executive of a State-owned company or council-owned company; or (e) the chief executive officer of a Government Business Enterprise; or (f) in the case of any other public authority, the principal administrative officer of the public authority; public authority means – (a) an Agency, within the meaning of the State Service Act 2000 ; or (ab) the University of Tasmania; or (b) the Police Service; or (c) a council; or (d) a statutory authority; or (e) a body, whether corporate or unincorporate, that is established by or under an Act for a public purpose; or (f) a body whose members, or a majority of whose members, are appointed by the Governor or a Minister of the Crown; or (g) a Government Business Enterprise within the meaning of the Government Business Enterprises Act 1995 ; or (h) a council-owned company; or (i) a State-owned company; regulations means regulations made and in force under this Act; required disclosure means a disclosure of information by a public authority where the information is required to be published by this or any other Act, or where disclosure is otherwise required by law or enforceable under an agreement; responsible Minister means – (a) in relation to an Agency, within the meaning of the State Service Act 2000 , the Minister responsible for the administration of the Agency; or (b) in relation to another public authority, the Minister administering the Act by which the public authority was established; routine disclosure means a disclosure of information by a public authority which the public authority decides may be of interest to the public, but which is not a required disclosure, an assessed disclosure or an active disclosure; State-owned company means a company incorporated under the Corporations Act that is controlled by – (a) the Crown; or (b) a Government Business Enterprise; or (c) a statutory authority; or (d) another company that is so controlled; statutory authority means a body or authority, whether incorporated or not, that is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority but does not include an agency. (2) For the purpose of the definition of "information in the possession of a Minister", a Minister is taken to be in possession of information if the Minister is entitled to access the information and it is not information in the possession of a public authority. (3) For the purpose of the definition of "information in the possession of a public authority", a public authority is taken to be in possession of information if the public authority is entitled to the information and it is not information in the possession of a Minister. (4) An unincorporated body established by or in accordance with an Act for the purpose of assisting or performing functions connected with a public authority is not taken to be a public authority for the purposes of this Act but is taken to be comprised within the public authority. (5) A person is not a public authority solely because the person holds, or performs the duties of – (a) a prescribed office; or (b) an office the duties of which the person performs as duties of his or her employment as an officer of a public authority; or (c) an office or member of a public authority; or (d) an office established by or in accordance with an Act for the purposes of a public authority. (6) A reference to the personal affairs of a person includes the personal affairs of a deceased person, and rights given by this Act in respect of the personal affairs of a person are, where the person is a deceased person, taken to be rights that may be exercised in respect of those personal affairs by the next-of-kin of that person. 6. Exclusions of certain persons or bodies (1) This Act does not apply to information in the possession of the following persons or public authorities, or in the possession of a person whose services are provided or procured for the purposes of assisting the person or public authority, unless the information relates to the administration of the relevant public authority: (a) the Governor; (b) a court; (c) a tribunal; (d) the Integrity Commission; (e) a judge; (f) an associate judge; (g) a magistrate; (h) the Solicitor-General; (i) the Director of Public Prosecutions; (ia) the State Litigator; (j) the Ombudsman; (ja) the Custodial Inspector; (k) the Auditor-General; (ka) the Legal Profession Board of Tasmania; (l) . . . . . . . . (la) the Parole Board; (m) the Anti-Discrimination Commissioner; (ma) the Commissioner for Children and Young People; (n) the Public Guardian; (o) the Health Complaints Commissioner; (oa) the Implementation Monitor; (p) Parliament; (q) a Member of Parliament. (2) This Act does not apply to the Law Society of Tasmania (the "society") established under the Law Society Act 1962 and continued as a body corporate under the Legal Profession Act 2007 except – (a) in relation to the performance and exercise of the society's functions and powers under Parts 8 and 9 of the Legal Profession Act 1993 ; and (b) in relation to the performance and exercise of the society's functions and powers as a prescribed authority under Part 3.2 of Chapter 3 and Chapter 5 of the Legal Profession Act 2007 . (3) This Act does not apply to information that – (a) is in the possession of – (i) the Independent Review; or (ii) a person acting for, or on behalf of, the Independent Review; and (b) was given to, or received or brought into existence by, the Independent Review, or a person referred to in paragraph (a)(ii) , for the purposes of the Independent Review. (4) For the avoidance of doubt, an application made under section 13 is void if the application was made – (a) in respect of information referred to in subsection (3) ; and (b) before the commencement of that subsection. PART 2 - Right to Information Division 1 - General right to information 7. Right to information A person has a legally enforceable right to be provided, in accordance with this Act, with information in the possession of a public authority or a Minister unless the information is exempt information. 8. Persons entitled to some information provided to public authority by funded private organisation If a private organisation is funded by or performs a role of a public authority, a person is entitled to the information related to – (a) that performance; or (b) the progress of work; or (c) the evaluation of work; or (d) the expenditure of public moneys – held by the public authority, unless the information is exempt information. 9. Persons not entitled to apply for certain information already otherwise available A person is not entitled under this Part to – (a) information that may be inspected by the public in accordance with another Act; or (b) information that may be purchased at a reasonable cost in accordance with arrangements made by a public authority. 10. Electronic information (1) If information is stored in an electronic form, a Minister or public authority may refuse an application under section 13 if – (a) the information cannot be produced using the normal computer hardware and software and technical expertise of the public authority; and (b) producing it would substantially and unreasonably divert the resources of the public authority from its usual operations, having regard to the factors in Schedule 3 . (2) A person is not entitled to information contained in back-up systems, or information that has been disposed of in compliance with an approved disposal schedule issued under the Archives Act 1983 . 11. Information held by Archives Office (1) A record placed in the custody of the Archives Office by a public authority is taken for the purposes of this Act to be information in the possession of that public authority or, if that public authority no longer exists, the public authority the functions of which the information is most closely related to. (2) Notwithstanding subsection (1) , records of a Royal Commission or a Commission under the Commissions of Inquiry Act 1995 deposited in the Archives Office are, for the purpose of this Act, to be taken to be information in the possession of the Department. (3) Subsection (1) does not apply to a record that can be inspected by the public at the Archives Office otherwise than in accordance with this Act. (4) Sections 15 and 16 of the Archives Act 1983 do not prevent a person from being provided, in accordance with this Act, with information contained in a State record deposited in the Archives Office. (5) This Act does not affect access to records in the Archives Office in accordance with the Archives Act 1983 . 12. Information to be provided apart from Act (1) This Act does not prevent and is not intended to discourage a public authority or a Minister from publishing or providing information (including exempt information), otherwise than as required by this Act. (2) Subject to guidelines issued by the Ombudsman under section 49 , public authorities or Ministers may disclose information to the public as – (a) a required disclosure; or (b) a routine disclosure; or (c) an active disclosure; or (d) an assessed disclosure. (3) Assessed disclosure is the method of disclosure of last resort and – (a) the principal officer of a public authority is to ensure that there are adequate processes in place in the public authority to ensure that there is appropriate active disclosure, routine disclosure or required disclosure of information by the public authority; and (b) the principal officer of a public authority is to ensure that the processes in place under paragraph (a) comply with the guidelines issued by the Ombudsman under section 49 ; and (c) the principal officer of a public authority or a Minister may refuse an application made in accordance with section 13 if the information that is the subject of the application – (i) is otherwise available; or (ii) will become available, in accordance with a decision that was made before receipt of the application, as a required disclosure or routine disclosure within a period of time specified by the public authority or Minister but not exceeding 12 months from the date of the application. Division 2 - Process for assessed disclosure of information 13. Application for assessed disclosure of information (1) An application for assessed disclosure of information may be made to any public authority or Minister who the applicant believes has the information. (2) A person who seeks – (a) information in the possession of a public authority; or (b) information in the possession of a Minister – must make a written application to the public authority or Minister for an assessed disclosure of the information. (3) An application must contain the minimum information as prescribed in the regulations. (4) An application for an assessed disclosure of information may be made by reference to the information contained in a particular record or document without specifying the subject matter of that record or document. (5) A public authority must provide the minimum information as prescribed in the regulations to an applicant about the public authority's assessment procedure for applications for assessed disclosures of information. (6) If a person – (a) wants to make an application to a public authority or Minister; or (b) has made an application that does not comply with this section – the public authority or Minister must take reasonable steps to assist the person to make an application that complies with this section. (7) A public authority or a Minister may negotiate with an applicant to refine or redirect his or her application for assessed disclosure of information. (8) If requested to do so by a person or if it is appropriate to do so to assist a person to make an application for assessed disclosure of information, a public authority must make available to that person general details of the information in the possession of the public authority. 14. Transfer of applications (1) If the application for assessed disclosure of information is made to a public authority or a Minister and the subject matter or part of the subject matter of the information requested is more closely connected with the functions of another public authority or Minister, the public authority or Minister to which the application was made must – (a) promptly transfer the application, in full or part, to that other public authority or that other Minister and inform the person making the application accordingly; and (b) if it is necessary to do so in order to enable that other public authority or that other Minister to deal with the application, send any relevant information to that public authority or Minister. (2) If an application is transferred to a public authority or Minister, it is to be taken, for the purpose of section 15 , to be an application made to that public authority or Minister and received by the public authority or Minister – (a) at the time at which the transfer was made; or (b) at the expiration of 10 working days after the date of the original application – whichever first occurs. (3) If an application is made to the Archives Office for information contained in a record to which section 11(1) applies, the Archives Office must promptly transfer the application to the public authority taken, by virtue of that subsection, to be in possession of that record and must inform the applicant accordingly. 15. Time within which applications for assessed disclosure of information are to be decided (1) A public authority or Minister must take all reasonable steps to enable an applicant to be notified of a decision on an application for an assessed disclosure of information as soon as practicable but in any case not later than 20 working days after the acceptance of the application. (2) Where negotiations are entered into under section 13(7) , the negotiations are to be completed expeditiously and in any case not later than 10 working days after the receipt of the application. (3) Subject to section 16(3) , an application for an assessed disclosure is taken to be accepted by a public authority or Minister for the purposes of subsection (1) – (a) on the day the application is received by the public authority or Minister; or (b) if negotiations are entered into under section 13(7) , on completion of the period for negotiations under subsection (2) . (4) The time within which a public authority or a Minister is to make a decision on an application for assessed disclosure may be extended – (a) by agreement with the applicant; or (b) if agreement cannot be reached and the application is complex or voluminous or both complex and voluminous in nature and the absence of agreement is in the opinion of the public authority unreasonable, by the Ombudsman on an application made to the Ombudsman by the public authority. (5) Where a public authority or Minister has decided to consult a third party under section 36 or 37 about the release of information in determining an assessed disclosure, a further 20 working days in addition to the 20 working days referred to in subsection (1) is allowed for a decision on an application for an assessed disclosure. (6) If there is no response from the third party within 15 working days from the time of the consultation, the public authority or Minister may conclude the assessment without considering the input of the third party. (7) Nothing in this section permits the release of information during – (a) the relevant period specified in section 36(5) in the case of an application relating to the personal information of a person; or (b) the relevant period specified in section 37(5) in the case of an application relating to the business affairs of a third party. 16. Charges for information (1) All applications for assessed disclosure of information must be accompanied by an application fee of 25 fee units. (2) The application fee may be waived if – (a) the applicant is impecunious; or (b) the applicant is a Member of Parliament acting in connection with his or her official duty; or (ba) the applicant is a journalist acting in connection with their professional duties; or (c) the applicant is able to show that he or she intends to use the information for a purpose that is of general public interest or benefit. (3) Before an application is accepted by a public authority or a Minister, the application fee must be paid or a decision to waive the fee under subsection (2) must be made. 17. Deferment of provision of information (1) A public authority or a Minister may defer providing information if – (a) a decision has been made before receipt of the application for assessed disclosure of information that the information will be disclosed as a required disclosure or routine disclosure of information within a period of time specified by the public authority or Minister but not exceeding 12 months from the date of the application; or (b) the information was prepared for presentation to Parliament, or has been designated by the responsible Minister as appropriate for presentation to Parliament, but is yet to be presented. (2) If the provision of information is deferred, the public authority or Minister must, when informing the applicant of the reason for the deferral, indicate as far as practicable, when the information will be published or presented. (3) A public authority or a Minister has no power under subsection (1)(b) to defer providing information when more than 15 sitting-days of either House of Parliament have passed since the information was presented to the Minister for the purpose of being presented to Parliament. 18. Provision of information (1) Information requested under this Act may be provided – (a) by giving the applicant a reasonable opportunity to inspect the record containing the information; or (b) in the case of information recorded or embodied in a record in a manner in which it can be reproduced, by providing the applicant with a transcript of the information; or (c) by providing the applicant with a copy, including an electronic copy, of the record containing the information; or (d) in the case of information contained in a record from which sounds or visual images can be reproduced, by giving the applicant a reasonable opportunity to hear the sounds or view the images. (2) A copy of information that is provided with exempt information deleted is to have included on it a note to the effect that the copy is not a complete copy of the original information. (3) If – (a) information requested under this Act is included with other information; and (b) the information requested can be extracted from that other information by the use of a computer or other equipment usually available to the public authority or Minister – the information is to be extracted accordingly. (4) Without prejudice to subsection (1) , if – (a) a public authority or a Minister has information requested by an applicant in a particular form; and (b) the applicant has indicated a preference for receiving the information in that particular form – the public authority or Minister must provide that information by providing the applicant with the information or part of the information in the particular form unless it is impracticable to do so or to do so would breach copyright. (5) If – (a) a request is made to a public authority or Minister for information of a medical or psychiatric nature concerning the person making the request; and (b) it appears to the principal officer of the public authority or to that Minister that the provision of the information to that person might be prejudicial to the physical or mental health or wellbeing of that person – the principal officer or Minister may direct that the information must not be provided to the person who made the request but must instead be provided to a medical practitioner nominated by that person. (6) . . . . . . . . 19. Requests may be refused if resources unreasonably diverted (1) If the public authority or Minister dealing with a request is satisfied that the work involved in providing the information requested – (a) would substantially and unreasonably divert the resources of the public authority from its other work; or (b) would interfere substantially and unreasonably with the performance by that Minister of the Minister's other functions – having regard to – (c) the matters specified in Schedule 3 – the public authority or Minister may refuse to provide the information without identifying, locating or collating the information. (2) A public authority or Minister must not refuse to provide information by virtue of subsection (1) without first giving the applicant a reasonable opportunity to consult the public authority or Minister with a view to the applicant being helped to make an application in a form that would remove the ground for refusal. 20. Repeat or vexatious applications may be refused If an application for an assessed disclosure of information is made by an applicant for access to information which – (a) in the opinion of the public authority or a Minister, is the same or similar to information sought under a previous application to a public authority or Minister and the application does not, on its face, disclose any reasonable basis for again seeking access to the same or similar information; or (b) is an application which, in the opinion of the public authority or Minister, is vexatious or remains lacking in definition after negotiation entered into under section 13(7) – the public authority or Minister may refuse the application on the basis that it is a repeat or vexatious application. 21. Decision to be made on behalf of public authority by authorised person (1) A decision in respect of an application for information made to a public authority is to be made by – (a) the responsible Minister; or (b) the principal officer of the public authority; or (c) a delegated officer. (2) A person who makes a decision in accordance with this Act is to act impartially in making that decision. 22. Reasons to be given (1) If, in relation to an application for information made to a public authority or Minister, the public authority or Minister decides – (a) that the applicant is not entitled to the information because it is exempt information; or (b) that provision of the information be deferred in accordance with section 17 ; or (c) that provision of the information be refused by virtue of section 19 or 20 – the public authority or Minister must give the applicant written notice of the decision. (2) Notice given under subsection (1) is to – (a) state the reasons for the decision; and (b) if the decision was made on behalf of a public authority or Minister, state the name and designation of the person who made the decision; and (c) inform the applicant of – (i) the applicant's right to apply for a review of the decision; and (ii) the authority to which the application for review can be made; and (iii) the time within which the application for review must be made; and (d) if the decision involves or relies upon consideration of the public interest in the application of a provision of this Act, state the public i