(PDF, 627.3 KB)Introduction
This is a report about an investigation into an alleged improper refusal to release information under the Right to Information Act 2009 (RTI Act) by a Department of Health (DOH) right to information (RTI) delegate and alleged improper conduct in an internal review of the RTI decision. The findings also consider broader allegations of misconduct in the management of RTI within the DOH. The investigation report is accompanied by a research paper that explores misconduct risks in Tasmania’s RTI regime.
The investigator in this matter examined whether:
- a deputy secretary (the Deputy Secretary) improperly refused a request for information disclosure under the RTI Act
- an employee (the Employee) improperly drafted a misleading decision about a request for information disclosure under the RTI Act, or
- the Employee improperly withheld relevant information from the RTI delegate regarding a request for information disclosure under the RTI Act.
The investigation found that the Employee did not provide critical information to the Deputy Secretary and drafted a misleading decision for the Deputy Secretary. The Deputy Secretary could not make a proper and informed decision because he was not provided with the correct information. The Deputy Secretary was exonerated.
The RTI applicant appealed the RTI decision made by the Deputy Secretary. The ‘fresh’ decision about the appeal was made by the Employee who had drafted the original misleading decision signed by the Deputy Secretary. We found that this process was contrary to the intent of the RTI Act. We also found that the Employee’s focus on the identity of the applicant and the technical minutiae of the RTI Act in responding to applications is conducive to noncompliance with the RTI Act, both practically and as intended by Parliament.
Further, we found that the RTI Panel convened by the DOH to consider and respond to RTI applications and requests for internal reviews presents a significant misconduct risk. We have made 3 recommendations to the DOH and the Ombudsman. The DOH says that it is taking the findings of the investigation very seriously and is responding immediately to the recommendations; it has already implemented one of the recommendations. The full response provided by the DOH is included at the end of this report.
We have decided not to name the people involved in this report due to the potential for disciplinary proceedings against the Employee.
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