Attorney-General – Right to Information

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Dr Rosalie Woodruff MP
December 6, 2023

Dr WOODRUFF - The commission of inquiry's report was very clear that trust is best to be restored from Tasmanians in our government institutions through transparency and accountability. The Right to Information Act review is a critical part of that and was mentioned many times by the commissioners. Will the review of the Right to Information Act be done independently of Government? Will it be given to the Tasmanian Law Reform Institute?

Mr BARNETT - As a government, we support the review of the Right to Information and also the PIP Act and that rolling out by July 2026. We support that. In relation to who would be undertaking that work, I think it's best for the secretary to respond to that question. I'm happy to say that the TLRI does some very good work and I've had contact with them and they're doing a review, which you might be aware I initiated some month or so ago. I'll pass to the secretary.

Ms WEBSTER - The Department of Premier and Cabinet had commenced some work in uplift in relation to RTI, in particular, so that has started. Any role to change the RTI Act or Personal Information Protection Act sits within the Attorney-General's portfolio. As you mentioned, it's due in July 2026 and part of our role now is in consultation with the community, with State Service agencies and other stakeholders. We would then provide advice to government on how to progress that and that could be one option that's provided in reviewing the legislation, but we haven't got to that point as yet.

Dr WOODRUFF - I'm not clear about the deadline. Was the deadline to have a review done but not to have the amendments ready?

Ms WEBSTER - The recommendation itself is July 2026.

Dr WOODRUFF - I thought you said next year.

Ms WEBSTER - No, sorry.

Dr WOODRUFF - That's great and I think there would be much concern if it wasn't something that was independent. The Government has a huge role to play in providing advice and expertise, making the changes and bringing forward the bill that they consider is the best bill. However, if it's reviewed by an independent body, the TLRI would be the obvious one and would be highly respected in the legal community to do that work. Would you make the terms of reference for that public?

Mr BARNETT - If we were to go down that track, I'm sure we would be very open to making that public. I think there is more work to do, that is what the secretary is saying. 1 July 2026, it's quite a complex area, there's more work to be undertaken before a decision can be made.

Dr WOODRUFF - Will you provide the time line? In your time line that you're going to roll out between now and July 2026, will you provide quarterly snapshots of actions about when you will be making that decision and when it will be going out to a review or whatever?

Ms WEBSTER - We are very focused on the first half of next year as a priority but that doesn't mean to say that we are losing sight of 2026 because it will be 2026 soon. We will be doing all of that work, but as the Attorney-General said, it is too soon to say exactly what the option will be but there will be options provided to government for consideration.

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