Right to Information

Information about assessed disclosure under the

Right to Information Act 2009

Object of the Act

Section 3 of the Act includes this statement of the objects of the 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.

Applications for assessed disclosure

• Applications are to be addressed to: Right to Information Officer Devonport City Council PO Box 604 DEVONPORT TAS 7310

• Applications are to be made in writing and include the information required by Regulation 4 of the Right to Information Regulations 2010.

• Applications are to be accompanied by the application fee. This fee is 25 units, which is $44.50 at 1 July 2023 and is indexed annually.

• An applicant can apply for the application to be waived where the applicant is a Member of Parliament in the pursuit of their official duty; where the applicant is impecunious; and where the information sought is intended to be used for a purpose that is of general public interest or benefit.

Responsibilities of the public authority

• Applicants are to be notified of the decision on an application for assessed disclosure within 20 working days of the application being accepted by the public authority
• Before the application is accepted, the public authority has a maximum of 10 working days to negotiate with the applicant to further define the application.
• If a need to consult with a third party arises, a further 20 working days will be allowed in addition to the original 20 days.
• If these time limits are not conformed with, the application will be deemed to be refused and the applicant may apply to the Ombudsman for a review of that decision.

Proof of Identity

• If you are applying for personal information related to you which is held by a public authority you will need to provide proof of identity prior to any information being released to you. This should be done at the time of making your application.
• Photo identification or a copy of photo identification which has been certified as a true copy by a Justice of the Peace or a Commissioner for Declarations is the minimum acceptable.