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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
RIGHT TO INFORMATION AMENDMENT
(APPLICATIONS FOR REVIEW) BILL 2019
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 5 amended (Interpretation)
5. Section 16 amended (Charges for information)
6. Section 45 amended (Other applications for review)
7. Repeal of Act
[Bill 14]-XI
2
RIGHT TO INFORMATION AMENDMENT
(APPLICATIONS FOR REVIEW) BILL 2019
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
31 July 2019
(Brought in by the Minister for Justice, the Honourable Elise
Nicole Archer)
A BILL FOR
An Act to amend the Right to Information Act 2009
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Right to
Information Amendment (Applications for
Review) Act 2019.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 14] 3
Right to Information Amendment (Applications for Review) Act
2019
Act No. of 2019
s. 3
3. Principal Act
In this Act, the Right to Information Act 2009* is
referred to as the Principal Act.
4. Section 5 amended (Interpretation)
Section 5(1) of the Principal Act is amended by
inserting after the definition of Joint Committee
the following definition:
journalist means a person who -
(a) is engaged in the profession or
practice of reporting,
photographing, editing or
recording for a media report of a
news, current affairs, information
or documentary nature; and
(b) is paid to perform that profession
or practice by a person, or body,
that -
(i) is subject to a code of
ethics and a procedure for
the Australian Press
Council, or for another
person or body that is
prescribed, to deal with
complaints about persons
engaging in such a
profession or practice; or
_______________________________________________________________
*No. 70 of 2009
4
Right to Information Amendment (Applications for Review) Act
2019
Act No. of 2019
s. 5
(ii) is the holder of a licence
under the Broadcasting
Services Act 1992 of the
Commonwealth;
5. Section 16 amended (Charges for information)
Section 16(2) of the Principal Act is amended by
inserting after paragraph (b) the following
paragraph:
(ba) the applicant is a journalist acting in
connection with their professional duties;
or
6. Section 45 amended (Other applications for review)
Section 45 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (a) in subsection (1):
(ab) the decision relates to an
application made to a Minister in
accordance with section 13 and is
a decision in relation to which a
written notice must be given
under section 22; or
(b) by inserting the following subsection
after subsection (1):
5
Right to Information Amendment (Applications for Review) Act
2019
Act No. of 2019
s. 6
(1A) A person who is an external party
may apply to the Ombudsman for
a review of -
(a) a decision if the decision,
which may otherwise be
the subject of an
application for an internal
review under
section 43(2) or (3), has
been made by a Minister
or principal officer of a
public authority and as a
consequence the external
party cannot make an
application under
section 43; or
(b) a decision to provide, in
accordance with an
application made to a
Minister in accordance
with section 13,
information -
(i) relating to the
personal affairs of
the person; or
(ii) that is likely to
expose the person
to competitive
disadvantage.
6
Right to Information Amendment (Applications for Review) Act
2019
Act No. of 2019
s. 7
(c) by inserting the following subsection
after subsection (3):
(4) If a notice of a decision to which
subsection (1A) relates has been
given under section 36(3) or
section 37(3) to an external party,
the external party may only make
an application under
subsection (1A) in relation to the
decision within 20 working days
of the day on which the external
party received the notice.
7. Repeal of Act
This Act is repealed on the first anniversary of
the day on which it commenced.
Government Printer, Tasmania 7