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Accessing information using the Right to Information Act 2009

IMPORTANT NOTE: If you want to access your personal records, patient files or other personal information held by the Department of Health and Human Services please see personal information.

What is the Right to Information?

The Right to Information Act 2009 (the Act) started on 1 July 2010 and provides far greater access to information held by public authorities by:

  • Authorising and encouraging greater routine disclosure of information held by public authorities without the need for requests or applications
  • Authorising and encouraging greater active disclosure of information held by public authorities in response to informal requests without the need for applications
  • Giving members of the public an enforceable right to information held by public authorities, and
  • Providing that access to information held by public authorities is restricted in only limited circumstances, which are defined in the Act.

The Act replaces the former Freedom of Information Act 1991.

Why do we have a Right to Information Act?

Section 3 of the Act includes a 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.

How can I access information?

From 1 July 2010, the Department of Health and Human Services (DHHS) is required by the Act to make information available to the public through proactive disclosure. This means we are required to routinely make information available that will assist the public in understanding what it is we do and how we do it.

Information may be released via our website or through publications and reports (eg fact sheets, discussion papers or our annual report).

Some information is not released in this way, because it is not of general public interest or because it is information that DHHS would need to assess against the exemptions in the Act prior to disclosure.

If you cannot find the information via one of the means below, contact DHHS and we may be able to assist you in finding the information, or we may be able to provide it to you outside of the Act. If it is not freely available, then we can assist you in making an application for assessed disclosure under the Act.

Through the Service Tasmania network:

Via Tasmania Online

Through the Tasmanian Archives and Heritage Office (TAHO)

Directly from the Department of Health and Human Services

Application for assessed disclosure

  • Applications for assessed disclosure are a method of last resort for obtaining information. Application forms are available via this link.
  • You can send an application to the Coordinator, Information Support Services:

By Post

By Fax

By Email

GPO Box 125
HOBART TAS 7001       

(03) 6233 4021    

ots.document@dhhs.tas.gov.au

 

  • Applications for information need to be made to the public authority holding the relevant information, or most closely linked to the information. A web page like this one is available for most other public authorities.
  • If you are not using the form provided, please note that your application must be made in writing and include the information which is required by the Right to Information Regulations 2010.
  • The Act provides that we can charge an application fee for an application for assessed disclosure. This fee is 25 fee units, which is $34.00 as at 1 July 2010 and is indexed annually.
  • You may apply to have the fee waived if:
    • you are impecunious – we would usually ask to see evidence that you are in receipt of Centrelink or Veterans Affairs payments
    • where you are a Member of Parliament and the application is in connection with your official duties
    • you are able to establish that the information sought is intended to be used for a purpose that is of general public interest or benefit.

Your application for assessed disclosure may be refused if you have not attempted to find the information before making the application.

 

What will we do once we have your application?

  • We will check your application to make sure we have all of the information we need to process your application.
  • We may transfer your application to another public authority if we believe that they are better able to provide you with the relevant information.
  • Before you application is accepted, we may need to contact you to ask you about and assist you to refine your application.
  • A DHHS employee will assess your application against the Right to Information Act 2009 and let you know the outcome of that process in writing.
  • You can expect to be notified of our decision in relation to your application for assessed disclosure within 20 working days from the date that the application is accepted.
  • If your request is complex or involves assessing a large volume of information, we may seek further time to provide a decision. This will extend the time for complying with the request.
  • If there is a need to consult with a third party about their business affairs or about their personal information, more time is automatically given and we will let you know the outcome as soon as practicable, but no later than 40 working days after the date of acceptance. We will write to let you know if this is necessary.
  • If the application or part of the application is refused, then the reason for the refusal to provide certain information will be provided as part of the decision together with details on how you can apply for a review of the decision. Reviews of the decision can be addressed to:
    The Secretary
    Department of Health and Human Services
    GPO Box 125
    HOBART TAS 7001
  • If the DHHS employee assessing your application does not get back to you within the timeframe provided in the Act, or within an extended time frame if this is permitted or agreed, then we are taken to have refused your application and you can apply for a review to the Ombudsman. Some information on reviews by the Ombudsman can be found on the Office of the Ombudsman’s website.

More information

  • For copies of the Right to Information Act 2009 and Right to Information Regulations 2010, click here.
  • The Office of the Ombudsman is responsible for publishing a Manual and Guidelines about the way in which public authorities process applications for assessed disclosure.