An investigation has uncovered failings in Tasmania’s Right to Information regime, which is meant to provide for legally enforceable access to information held by public authorities and ministers.
According to the Tasmanian Ombudsman, RTI is aimed at increasing the accountability of the executive, enabling people to participate in their governance and acknowledges that information held by public authorities is collected on their behalf.
However a recent report from the state’s integrity commission found a system plagued with over-reliance on exemptions, unnecessary delays, and poor administration.
“These deficiencies have led to public access to information being denied and public sector organisations being exposed to misconduct risks,” Integrity Commissioner Greg Melick said.
The research report followed an earlier investigation by the commission which uncovered what it said were serious issues with RTI processes at the Department of Health.
The investigation focused on an alleged improper refusal to release information by a DOH officer and alleged improper conduct in an internal review of the RTI decision.
The investigation report, tabled on May 22, found that the employee failed to provide critical information to the Deputy Secretary and drafted a misleading decision.
It also found evidence of poor practices in the DOH, including conflicts of interest and opportunities for undue influence over RTI issues.
Widespread issues
The DOH probe led to a wider examination of misconduct risks and RTI across the public sector.
“Poor practices in RTI administration erodes public trust in government and the bureaucracy,” the report says.
“In Tasmania, as elsewhere, insufficient training and resourcing, coupled with inadequate accountability mechanisms, have contributed to longstanding inefficiencies in the RTI regime.
For some time, Tasmanians have routinely been denied access to information to which they are legally entitled and have been inhibited in their ability to exercise their democratic rights and responsibilities and hold the government to account as a consequence.
Integrity Commission Tasmania
“For some time, Tasmanians have routinely been denied access to information to which they are legally entitled and have been inhibited in their ability to exercise their democratic rights and responsibilities and hold the government to account as a consequence.”
The report contains recommendations aimed at embedding more capability and accountability in RTI administration across the state’s public sector, with a view to reducing the risk of misconduct.
Chief Commissioner Melick said the default response to a request for information should be to release it, unless there’s a legitimate exemption.
“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,” he said.
“This is an opportunity to improve processes and provide Tasmanians access to information that they have a right to.”
The Integrity Commission has referred the subject of its initial investigatation back to the Department of Health, which has agreed to take disciplinary action relating to the employee.
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