Right to Information

RIGHT TO INFORMATION ACT 2009

INFORMATION DISCLOSURE UNDER THE RIGHT TO INFORMATION ACT 2009

What is the Right to Information?

The Right to Information Act 2009 commenced on 1 July 2010 and provides for greater access to information held by government bodies by:

The Circular Head Council is a public authority.

Why do we have a Right to Information Act?

(1)    The object of this Act is to improve democratic government in Tasmania –

(a) by increasing the accountability of the executive to the people of Tasmania; and

(b) by increasing the ability of the people of Tasmania to participate in their governance; and

(c) by acknowledging that information collected by public authorities is collected for and on behalf of the people of Tasmania and is the property of the State.

(2)    This object is to be pursued by giving members of the public the right to obtain information held by public authorities and Ministers.

(3)    This object is also to be pursued by giving members of the public the right to obtain information about the operations of Government.

(4)    It is the intention of Parliament –

(a) that this Act be interpreted so as to further the object set out in subsection (1); and

(b) that discretions conferred by this Act be exercised so as to facilitate and promote, promptly and at the lowest reasonable cost, the provision of the maximum amount of official information.

How do I get access to information?

The Circular Head Council is required by the Right to Information Act 2009 to make information available to the public through proactive disclosure, this means we are to routinely make information available which will assist the public in understanding what it is we do and how we do it. This is may be done via our website, through publications (e.g. fact sheets, or discussion papers), via reports (e.g. our Annual Report).

Some information is not released in this way, either because it is not of general public interest or because it is information the Council would need to assess against the exemptions in the Right to Information Act 2009 prior to disclosure.

If you cannot find the information via one of the means below contact the Council and we may be able to assist you in finding it or we may give it to you. If it is not freely available we will assist you to make an application for an assessed disclosure.

You may find information from the Circular Head Council in one of the following ways:

Direct from Circular Head Council

Search the Council Website - www.circularhead.tas.gov.au

Through the Tasmanian Archives and Heritage Office (TAHO)

If it is old information it may be deposited with the Tasmanian Archives and Heritage Office.

Applications for Assessed Disclosure

Applications for the Circular Head Council are to be addressed to:

Right to Information Officer

Circular Head Council

PO Box 348

SMITHTON TAS 7330

Or email: council@circularhead.tas.gov.au

A form to assist in making an application is available - Application for Assessed Disclosure.  This can be accessed by the link below

Right to Information Application Form(166 kb)

You may apply to have the fee waived if:

Make sure you have looked for the information before you make a formal application, because if the information is otherwise available your application may be refused without the return of your application fee.

What will we do once we have your application?

If the application or part of the application is refused, then the reasons for the refusal to provide the information must be provided as part of the decision together with details on the right to seek a review of the decision.  This is done by writing to:

Principal Officer Right to Information

Circular Head Council

PO Box 348

SMITHTON TAS 7330

If the officer assessing your request does not get back to you in the timeframe allowed then we are taken to have refused your application and you are able to make an application for review to the Ombudsman if your choose.  Some information on reviews by the Ombudsman can be found on the Office of the Ombudsman’s website: www.ombudsman.tas.gov.au/right_to_information/process

More Information about Proactive Disclosure in the Circular Head Council

The Circular Head Council’s Protected Disclosure Requirements and Procedures can be accessed on the Council’s website www.circularhead.tas.gov.au under Our Council – Policies.

Right to Information Manual and Guidelines

The Manual and Guidelines will provide you with a little more detail on making requests under the RTI Act and how they are processed by the agency to which the request is sent.

These are available on the Office of the Ombudsman’s website: www.ombudsman.tas.gov.au/right_to_information/process

Related Acts and Regulations

You can view, download and print the following Acts and Regulations made available by the Tasmanian Legislation Online website www.thelaw.tas.gov.au

 

Right to Information Act 2009

Right to Information Regulations 2010

 

Right to Information Application Form

 
 
Circular Head Council| P0 Box 348, Smithton TAS 7330
T: (03) 6452 4800 | F: (03) 6452 4861 | council@circularhead.tas.gov.au
Page URL: http://www.circularhead.tas.gov.au/page.aspx?u=1671