Right to Information Policy

The purpose of this policy is to establish a framework for the disclosure of information by the Department of Justice (the Department) to members of the public and others in accordance with the Right to Information Act 2009 (the Act).

The Department will disclose information that it holds in accordance with the principles in the Act.

This includes ensuring that the Department has adequate processes and procedures in place to ensure that there is appropriate active, routine and required disclosure of information and that assessed disclosure of information is used as a method of last resort only.

Under section 23 of the Act, the Department has an obligation to:

• develop policies and procedures in relation to the disclosure of information
• publish details of the Act and the way in which people can exercise their rights under it.

This policy applies to all employees and officers of the Department. In certain circumstances, the policy may also apply to information held by third parties engaged by the Department such as contractors and consultants.

This policy covers the four types of information disclosure identified in the Act:

• required disclosure
• routine disclosure
• active disclosure
• assessed disclosure

This policy applies to public authorities for which the Department has administrative responsibility, but are classified as being separate to the Department for the purposes of the Act.

This policy does not apply to requests for personal information by an individual to whom the personal information relates. Such requests should be dealt with under the Personal Information Protection Act 2004 in the first instance.

• Department of Justice Right to Information Administrative Procedures
• Personal Information Protection Act 2004
• Right to Information Act 2009 and associated regulations
• Department of Justice Records Management Policy
• Ombudsman Tasmania’s Right to Information Manual
• Ombudsman Tasmania’s Guidelines

Act means the Right to Information Act 2009.

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 – i.e. the voluntary release of information on receipt of a request without the need for an application for assessed disclosure.

Assessed disclosure means a disclosure of information by a public authority or a Minister in response to an application in accordance with section 13. Assessed disclosure is the method of last resort.

Delegated officer means an officer delegated by the principal officer under s 24 of the Act to exercise any of the principal officer’s functions or duties.

Exempt information means exempt from disclosure under the Act – i.e. subject to one or more of the exemptions in Part 3 of the Act.

Information means:

1. anything by which words, figures, letters or symbols are recorded and includes a map, plan, graph, drawing, painting, recording and photograph
2. anything in which information is embodied so as to be capable of being reproduced.

Principal officer means the Secretary of the Department.

Public authority means:

1. a statutory authority
2. a body, whether corporate or unincorporate, that is established by or under an Act for a public purpose
3. a body whose members, or a majority of whose members, are appointed by the Governor or a Minister of the Crown.

Required disclosure means a disclosure of information by a public authority where the information is required to be published by the Act or any other Act, or where disclosure is otherwise required by law or enforceable under an agreement.

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.

Employees

All employees are responsible and accountable for:

• referring any applications for assessed disclosure received to rti@justice.tas.gov.au
• keeping records of all official information produced, received or acquired and registering documents in the Department’s records management systems (Content Manager) in accordance with the Records Management Policy.

Employees asked to identify and provide information responsive to an application for assessed disclosure by the principal officer or a delegated officer are responsible for:

• identifying all relevant information
• recording steps taken during the search for information
• recording details of information which is no longer in the possession of the Department or which has been destroyed or is missing
• provision of the information to the principal officer or delegated officer within five working days unless otherwise agreed.

Principal Officer

The principal officer is responsible for:

• developing and publishing policies and procedures in relation to disclosure of information for use in the Department
• publishing details of the Act and the way in which people can exercise their rights under it in respect of the Department
• annually publishing details on information published as required disclosures or routine disclosures by the Department
• annually publishing details on information released as assessed disclosures (it is noted that the Secretary of the Department is also responsible for the preparation of the annual report on the administration of the Act in accordance with section 53 of the Act).

Principal Officer / Delegated Officers (applications for assessed disclosure)

The principal officer and delegated officers are responsible for:

• providing an applicant with reasonable assistance to make a valid application in the event that it does not comply with the requirements of section 13 of the Act
• negotiating with an applicant where appropriate to refine the scope of an application if required
• negotiating with the applicant, where appropriate for additional time to determine the application if required
• ensuring that, where appropriate, applications are promptly transferred where the subject matter of the information requested is more closely connected with the functions of another public authority
• ensuring that proper guidance is given to employees conducting searches for information responsive to an application
• determining applications for assessed disclosure consistent with provisions of the Act
• undertaking internal reviews of decisions on application for assessed disclosure consistent with provisions of the Act
• liaising with the Ombudsman on external reviews of decisions on applications for assessed disclosure.

Output Managers

Output Managers are responsible for:

• determining information which should be released by way of active disclosure – i.e. the voluntary release of information on receipt of a request without the need for an application for assessed disclosure
• identifying information for routine disclosure and obtaining approval from the Department’s executive for publication on the Department’s website
• ensuring employees keep appropriate records of their activities
• liaising with the principal officer/delegated officer regarding the determination of applications for assessed disclosure.

Agency Executive

Agency Executive is responsible for:

• supporting, endorsing, and reviewing this policy, the Right to Information Procedures and Frequently Asked Questions
• the implementation of this policy and the Right to Information Procedures
• ensuring there are systems to educate, train, and induct persons to whom this policy applies about their meaning and how to apply them in a practical sense.