Saturday, May 21, 2016

Push to close right-to-information loophole

The Mercury‎‎‎: Tasmania: Saturday, May 21, 2016.
A RIGHT-to-information loophole that has sparked ­debate between a leading transparency expert and the Tasmania Ombudsman will be debated in state Parliament next week.
Greens leader Cassy O’Connor will put forward a motion next week urging the Government to amend the Right to Information Act.
The loophole, acknowledged by the Ombudsman Richard Connock in a letter to Ms O’Connor, means refusals by a minister’s staff are not able to be reviewed by the ­Ombudsman.
Ms O’Connor said the loophole needed to be closed.
“If the decision was made by a public servant in a department or a minister, it would be reviewable by the Ombudsman,” she said.
“There’s no reason political staff should be exempt.”
A government spokesman suggested the Ombudsman had it wrong.
“The Government’s advice is that an RTI decision of a delegate is reviewable, and we have conveyed that view to the Ombudsman,” he said.
“Nonetheless, we are examining the situation.”
University of Tasmania law school deputy dean and RTI expert Rick Snell said the ­Ombudsman’s decision “that he has no jurisdiction when an RTI application is decided by a delegate of the minister” ­causes unnecessary problems and could have been avoided.
“The approach of the ­Ombudsman leaves a significant loophole in the RTI Act one not intended by Parliament and one that runs counter to the objects of the legislation,” Associate Professor Snell said.
“The RTI Act was designed to encourage the maximum ­release of information and provide the Ombudsman with the maximum capacity to decide decisions not to release ­information.”
Mr Connock said Prof Snell was entitled to his opinion. “I stand by my decision,” he said.