Right to Information

Right to Information

We are committed to ensuring our administrative information is available to the public. The Right to Information Act 2009 (RTI) gives the public, the media and members of Parliament the right to access information we hold, unless the information is exempt from release.

Under section 6 of the RTI the Auditor-General is exempt from providing any requested information unless it relates to our administration. Information relating to financial and performance audits conducted and reports to Parliament are regarded as exempt being classified as internal working information, as is information compiled in making preliminary assessments following receipt of referrals.

The Auditor-General is also required to comply with section 46 of the Audit Act the practical effect of which is to forbid him and any person employed in his Office or contracted by him from disclosing any confidential matter that comes to his or their knowledge in the course of employment or duties under either the Audit Act or another Act. Because of this, the provision displaces any other duty or obligation to disclose information which might otherwise arise and only permits the disclosure of such information if that disclosure is required in connection with the administration of the Audit Act or in connection with the administration of that other Act.

Contact

If you are having difficulty locating information on the Office’s website, please email
webrequests@audit.tas.gov.au

For more information about Right to Information, and how it applies to the Office, please write to:

Right to Information
Tasmanian Audit Office
GPO BOX 851
HOBART 7001
TASMANIA

Alternatively, you can email admin@audit.tas.gov.au

Further Information

The Right to Information Act 2009 – available on the Tasmanian Government legislative database – commenced on 1 July 2010 and provides for greater access to information held by government bodies 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 requests
• Providing that access to information held by government bodies is restricted in only limited circumstances which are set out in the Act.

The objects of the Act are about improving democratic government in Tasmania by giving members of the public a right to obtain information held by public authorities and the operations of Government.

A person has a legally enforceable right to be provided, in accordance with the Right to Information Act, with official information in the possession of the Department of Premier and Cabinet 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.

What is exempt information?

The Right to Information Act recognises that some information held by a public authority should not be released. The types of information that may be withheld from release 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 *
• Information relating to business affairs of third party *
• Information relating to the business affairs of the 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. The matters which must be considered in deciding whether disclosure of information is contrary to the public interest are set out in Schedule 1 of the Right to Information Act. The matters that are irrelevant in deciding if the disclosure of the information is contrary to the public interest are specified in Schedule 2 of the Right to Information Act.