Tasmanian Times: Tasmania: Wednesday, 22 May 2024.
INTEGRITY COMMISSION INVESTIGATION UNCOVERS QUESTIONABLE CONDUCT AROUND RIGHT TO INFORMATION PROCESSES
An investigation by the Integrity Commission has uncovered serious issues with Right to Information (RTI) processes at the Department of Health.
The investigation report tabled in Parliament today details how an employee misled a Deputy Secretary about how to respond to an RTI application. The employee then ‘reviewed’ the same decision that they had drafted. The investigation found that the employee’s focus on the identity of the applicant and the technical minutiae of the legislation did not comply with the intent and objects of the RTI Act.
The Integrity Commission has referred the matter back to the Department of Health, which has agreed to take immediate action. This includes undertaking a disciplinary process relating to the employee.
The investigation led to research into Tasmania’s RTI regime, which was found to be characterised by noncompliance with the letter and spirit of the law. Chief Commissioner Greg Melick said that there is an over-reliance on exemptions, unnecessary delays and other examples of poor practices in RTI administration. These deficiencies have the effect of denying the public access to information and exposing public sector organisations to misconduct risks.
“We know that poor practices in the administration of RTI laws erode public trust in government,” Chief Commissioner Melick said.
The research report explores systemic risks to access to information across the public sector, considers developments in other jurisdictions and offers recommendations that, if implemented, would enhance the administration of the RTI regime.
“The default response to a request for information should be to release it, unless a legitimate exemption applies,” Chief Commissioner Melick said.
“However, evidence shows that this is not how the scheme currently operates. With legislative reform supported by the Attorney-General and specialised education offered by the Ombudsman, real change can occur.
“This is an opportunity to improve processes and provide Tasmanians access to information that they have a right to.”
INTEGRITY COMMISSION INVESTIGATION UNCOVERS QUESTIONABLE CONDUCT AROUND RIGHT TO INFORMATION PROCESSES
An investigation by the Integrity Commission has uncovered serious issues with Right to Information (RTI) processes at the Department of Health.
The investigation report tabled in Parliament today details how an employee misled a Deputy Secretary about how to respond to an RTI application. The employee then ‘reviewed’ the same decision that they had drafted. The investigation found that the employee’s focus on the identity of the applicant and the technical minutiae of the legislation did not comply with the intent and objects of the RTI Act.
The Integrity Commission has referred the matter back to the Department of Health, which has agreed to take immediate action. This includes undertaking a disciplinary process relating to the employee.
The investigation led to research into Tasmania’s RTI regime, which was found to be characterised by noncompliance with the letter and spirit of the law. Chief Commissioner Greg Melick said that there is an over-reliance on exemptions, unnecessary delays and other examples of poor practices in RTI administration. These deficiencies have the effect of denying the public access to information and exposing public sector organisations to misconduct risks.
“We know that poor practices in the administration of RTI laws erode public trust in government,” Chief Commissioner Melick said.
The research report explores systemic risks to access to information across the public sector, considers developments in other jurisdictions and offers recommendations that, if implemented, would enhance the administration of the RTI regime.
“The default response to a request for information should be to release it, unless a legitimate exemption applies,” Chief Commissioner Melick said.
“However, evidence shows that this is not how the scheme currently operates. With legislative reform supported by the Attorney-General and specialised education offered by the Ombudsman, real change can occur.
“This is an opportunity to improve processes and provide Tasmanians access to information that they have a right to.”
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