Tasmania's right-to-information regime, under which people can access government-held information, is hindered by noncompliance and unnecessary delays.
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A review by the state's Integrity Commission highlighted a case in which a department of health employee misled a superior about how to respond to a RTI application.
Commission chief Greg Melick said despite Tasmania's laws having a pro-disclosure emphasis, the state had some of the lowest rates of information release in the country.
"(It) is marred by noncompliance with the letter and spirit of the law, evidenced by an over-reliance on exemptions, unnecessary delays and general poor practices in RTI administration," he said.
"Such deficiencies effectively deny the public access to information to which they are legally entitled.
"In doing so, they expose public authorities to potential misconduct risks."
Mr Melick said RTI decision makers often inappropriately relied on exemption provisions when assessing whether to release information.
He said in 2022/23, 86 per cent of initial decisions to refuse the release of information reviewed by the ombudsman were varied or set aside.
"(This indicates) a high error rate in the application of exemption and refusal provisions," Mr Melick said.
The review found the health employee did not provide critical information to their deputy secretary and drafted a misleading direction.
The unnamed employee, who is subject to a disciplinary investigation, also made a decision about an appeal by the original RTI applicant.
"The default response to a request for information should be to release it, unless a legitimate exemption applies," Mr Melick said.
He made several recommendations, including amendments to RTI laws and more guidance and training for RTI decision makers.
A government spokeswoman said the report and recommendations were being reviewed.
"Our government welcomes the report and is committed to improving openness and transparency," she said.
An Environmental Defenders Office review of Tasmania's RTI process released in mid-2023 found people in the state were more likely to have their applications refused than those elsewhere in Australia.
Australian Associated Press
