RTI – Modelling for Reopening of Poker Machine Gaming Rooms during COVID-19

Information Requested from Departments of Communities Tasmania and Treasury and Finance 

Requested on 20 July 2020; Due 19 August 2020; 

In context of Tasmania’s coronavirus pandemic please provide information relating to the decision to allow the reopening of poker machine gaming rooms on 26 June 2020, including but not limited to:

1. Information that considered any unique economic and social impacts of re-allowing access to poker machines in contrast to other food, beverage and event activities within the hospitality industry.

2. Reports, data, modelling and/or analysis on which the decision to allow the reopening poker-machine gaming rooms was based.

3. Any consultation, rationale and factors considered in making the determination that the resumption of poker machine use from 26 June 2020 was appropriate and in the best interest of the Tasmanian community.

Decision Department of Communities Tasmania

RTI Officer Communities Tasmania –  21 Sept 2020
 My decision is the public authority is not in possession of the information requested.

Decision Internal Review Request Department of Treasury and Finance

RTI Officer Treasury and Finance 21 Sept 2020

Your application was deferred under section 17(1)(b) of the RTI Act noting that a ‘public authority or a Minister may defer providing information if … the information was prepared for presentation to Parliament, or has been designated by the responsible Minister as appropriate for presentation to Parliament, but is yet to be presented’.

This decision was made in light of the impending response to Question on Notice LC20/43 which was presented to Parliament on 25 August 2020.

Following receipt of this decision you wrote to Tony Ferrall, Secretary of the Department of Treasury and Finance requesting a review of the initial decision on the grounds that:

“My RTI application and the questions to Parliament are distinctly different in scope, particularly in relation to the documents that would be covered by the RTI application. It would be out of keeping with the usual format of answers provided in Parliament to Questions on Notice for documents to be included. Consequently, I have made the RTI application.”

Information located relevant to your request: I have undertaken an extensive search of Treasury’s electronic record management system. No documents were found to be in-scope.

However, three documents were identified as being directly relevant to your application despite being out of scope. These documents are listed below and are all in your possession, or are publicly available:

I consider these documents relevant to note as they contain a number of related requests from you seeking the same information as outlined in your RTI application which have since been responded to. Document 3 in particular is of note as the information contained in that document forms the basis of the original decision to defer provision of any related information under Section 17(1)(b) of the RTI Act.

Further enquiries were made of relevant Treasury officers in relation to my search findings and the decision making process relating the reopening of poker machine gaming rooms. As stated in both documents 2 and 3 above, the decision to reopen public access to poker machine gaming rooms on 26 June 2020 as part of stage 3 easing of restrictions was based on public health advice.

Factual Background: On 21 June 2020 the Premier announced that stage 3 easing of restrictions would be brought forward to Friday 26 June 2020. Subsequently, it was determined that the reopening of gaming venues, including those with poker machine gaming rooms, was safe to do so based on public health advice.

To ensure gaming venues were opened safely, COVID safe workplace material for each venue required under the COVID Safe Workplace Guidelines for the Gambling Industry was developed, with the network operator, Network Gaming, verifying safety plans prior to the venue being able to open. WorkSafe Tasmania has since been responsible for visiting each venue to ensure its safety plan is being correctly implemented.

Decision: As it was a decision taken by the Department of Health to allow the reopening of poker machine gaming rooms (along with many other businesses and services which were required to temporarily close), Treasury does not hold any relevant information to actively or otherwise disclose in relation to analysis or stakeholder consultation.

It is my view that document 3 listed above provides the available information relating to the decision making process and therefore the initial decision to defer under section 17(1)(b) of the RTI Act to allow that information to be presented to Parliament remains correct.

As you were provided with the information contained in document 3 during the Legislative Council sitting on 25 August 2020, and the information is subsequently now publicly available via the Parliament of Tasmania website, it is my determination that all available information relating to your original application has been disclosed.

In making this decision, I am exercising powers delegated to me under section 24 of the RTI Act.

Copy of RTI response to Meg Webb MLC from Dept. Treasury and Finance, dated 21 September 2020

Original Decision Department of Treasury and Finance

RTI Officer Treasury and Finance 17 August 2020

I am a delegated Right to Information Officer for the Department of Treasury and Finance, under section 21 of the RTI Act.  I have undertaken an extensive search of Treasury’s records and consulted with relevant Treasury officers in relation to your RTI application.

I note that on 30 June 2020 you moved advanced notice of questions you intend to ask the Honourable Leader of the Government in the Legislative Council on Friday, 21 August 2020 relating to the reopening of Tasmania’s poker machine gaming rooms on 26 June 2020 (LC20/43).

Under section 17 of the RTI Act:

(1) A public authority or a Minister may defer providing information if –
(a) a decision has been made before receipt of the application for assessed disclosure of information that the information will be disclosed as a required disclosure or routine disclosure of information within a period of time specified by the public authority or Minister but not exceeding 12 months from the date of the application; or
(b) the information was prepared for presentation to Parliament, or has been designated by the responsible Minister as appropriate for presentation to Parliament, but is yet to be presented.

As the information you have requested in your RTI application will be addressed by the Honourable Leader of the Government when the Legislative Council resumes sitting from 21 August 2020, I am deferring the provision of the information in accordance with section 17(1)(b) of the RTI Act.