Motion Debate – Call for Independent Review of RTI Act 2009

Meg marked the International Day of Access to Information, held on the 28th of September, by bringing on for debate her motion calling for the state government to commission an independent review of the Tasmanian Right to Information Act 2009.

Meg tabled her motion on the 14th of September 2023 and debated it on Wednesday the 27th of September 2023.

The motion passed with the majority of the Legislative Council voting in support.

View Meg’s speech in support of her motion below:

View below Meg’s speech as a downloadable PDF:

Notice of Motion

(Motion Text as Tabled on 14 September 2023, and debated on 27 September 2023)

14 September 2023

Ms Webb to move – 

 (1) That the Legislative Council notes:-

        (a) 28 September 2023 is International Access to Information Day; and

        (b) the 30 year anniversary of legislation enshrining Tasmanians’ Right to Information on the State statutes is also being celebrated on                 the 28 September 2023.

(2) The Legislative Council further:-

        (a) Notes the report, Transparent failure: Tasmania’s ineffective right to information system and how to fix it (The Report), released by                  the Environmental Defender’s Office Tasmania (EDO) in July 2023;

        (b)  Acknowledges the EDO’s analysis that its report indicates the administration of Tasmania’s freedom of information remains the                        most secretive in Australia;

         (c)  Acknowledges the Report is informed by the EDO’s review of the handling of applications under the State’s Right to Information                    Act 2009 (RTI Act), the analysis of which found Tasmania ranked last on a range of measures when compared with national                            jurisdictions, including:  

                 i.  The highest rate of refusals, with Tasmanians more likely to have their freedom of information applications refused than citizens                       anywhere elsewhere in Australia; 

                 ii.  A high rate of errors, with up to 70% of RTI Act refusals over the past five years overturned on review by the state Ombudsman;

                iii.  Disturbingly slow review times, which see Tasmanians waiting almost three years on average to have refused RTI                                            Act applications reviewed;

                 iv.  A large and growing backlog of unresolved reviews; and

                 v.  A low level of government accountability, with analysed data indicating the RTI Actis not being administered in a way that allows                      for the efficient public scrutiny of government decisions.

         (d)  Agrees in any democracy, access to government information and public scrutiny of government decisions is a critical component of                  government accountability.

(3)  And further, the Legislative Council calls on the Tasmanian Government to back its commitment to governing with openness, fairness            and transparency by commissioning an independent review of the Right to Information Act 2009, including its objectives, implementation        and administration.

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