The
Right to Information Act 2009 ('RTI Act') gives members of the public the right to obtain information that:
Why do we have a Right to Information Act?
The Act states that its object is to improve democratic government in Tasmania by:
increasing the accountability of the executive to the people of Tasmania; and
increasing the ability of the people of Tasmania to participate in their governance; and
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.
A person has a legally enforceable right to be provided, in accordance with the Act, with official information in the possession of the Department of Natural Resources and Environment unless the information is exempt information.
The Act sets out the processes for the release of information, where requests may be refused and how to seek a review of a decision by a public authority about the release of information.
How can I find Government information?
There is a large amount of Government information publicly available online.
Before you lodge an RTI request you should check whether the information is already available somewhere else.
Information may already be available in other places including:
The Department's
disclosure log contains information already released under RTI
Other Departments' websites that might also be useful
If I can't find the information I am looking for, how do I make an RTI application?
If you can't find the information you are looking for you can make a RTI application:
Applications are to be accompanied by the application fee of 47.75, (GST does not apply for this fee) unless you are claiming a fee waiver (see below).
The application fee can be paid by:
Direct deposit to WESTPAC, BSB 037-001, ACCOUNT 268083
Credit card by telephoning The Department of Natural Resources and Environment's Finance Branch on 1800 861 809; or
Cheque or money order made out to the Department of Natural Resources and Environment Tasmania.
You may apply to have the fee waived if:
You are in financial hardship - we would usually ask to see evidence that you are in receipt of Centrelink or Veterans Affairs payments;
You are a Member of Parliament and the application is in connection with your official duty;
You are a journalist acting in connection with your professional duties; or
You are able to demonstrate that you intend to use the information for a purpose that is of general public interest or benefit
Once your payment has been processed the application fee will not be refunded.
What will we do once we have your application?
The Department will locate all information relevant to your request.
A delegated RTI Officer will assess this information against the RTI Act to see whether or not it can be provided to you.
Generally, you will receive a decision within 20 working days. If we are required to consult with third parties about the information, then we have 40 working days to make a decision.
If some or all of the information is exempt information, the delegated RTI Officer’s written decision will explain why.
If your request is complex or is for a large amount of information we may work with you to amend your request or ask you to grant us more time to make the decision.
If we do not provide you with a decision within the timeframe allowed you are entitled to
apply to the Ombudsman for resolution of the matter.
What is exempt information?
The Right to Information Act 2009 recognises that some information held by a public authority should not be disclosed. The types of information that may be exempted from disclosure include:
Executive Council information
Cabinet information
internal briefing information of a Minister in connection with the official business of a public authority and in connection with the Minister's parliamentary duty
information not relating to official business
information affecting national or state security, defence or international relations
information relating to the enforcement of the law
information that is protected by legal professional privilege
information related to a closed meeting of a council
information communicated by other government jurisdictions *
internal deliberative (working) information *
personal information of a third party *
information relating to business affairs of a third party *
information relating to the business affairs of a public authority *
information obtained in confidence *
information about procedures and criteria used in financial, commercial and labour negotiations, the execution of contracts, the defence prosecution and settlement of cases and similar activities *
information that is likely to affect the State’s economy *
information that is likely to affect the cultural heritage and natural resources of the State. *
* These exemptions are subject to a ‘public interest test’.
When applying the public interest test, we consider only matters that are relevant. The Act provides a non-exhaustive list of matters that are relevant and a list of matters that are not relevant:
What happens if I’m unhappy with a decision?
The Act provides applicants with an opportunity to seek a review of any decision they are not satisfied with.
Your right to request a review, including how to apply and the timeframes in which you must do so, will be explained in your decision letter.
RTI Disclosure Log
The Department may publish information it releases to you on its
Disclosure Log.
We will do this if it is in the public interest to do so and supports the Department’s commitment to making information available to a wider audience.
We will not publish:
Your identity will not be published, however we will identify the category of applicant, such as Member of Parliament, media representative or private individual.
The Department has Policy and Procedures on information disclosure:
Information Disclosure Policy (4Mb)