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.