AustLII Tasmanian Consolidated Acts

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RIGHT TO INFORMATION ACT 2009 - SECT 5

Interpretation

(1)  In this Act, unless the contrary intention appears –
active disclosure means a disclosure of information by a public authority or a Minister in response to a request from a person made otherwise than under Division 2 of Part 2 ;
Archives Office has the same meaning as in the Archives Act 1983 ;
assessed disclosure means a disclosure of information by a public authority or a Minister in response to an application in accordance with section 13 ;
council-owned company means a company incorporated under the Corporations Act that is controlled by one or more councils or another company that is so controlled;
Custodial Inspector means the Custodial Inspector appointed under section 5 of the Custodial Inspector Act 2016 ;
delegated officer means a person specified in an instrument of delegation in accordance with section 24 ;
exempt information means information which is exempt information by virtue of a provision of Part 3 ;
external party means a person or organisation who provides the person's or organisation's views pursuant to a request under section 36(2)(f) or section 37(2)(f) ;
Independent Review means the Independent Review of Parliamentary Workplace practices and procedures to support workplace culture conducted by the Anti-Discrimination Commissioner –
(a) in his or her capacity as the Anti-Discrimination Commissioner appointed under section 5 of the Anti-Discrimination Act 1998 ; and
(b) as appointed, as the Independent Reviewer, by the Premier on 27 July 2021;
information means –
(a) anything by which words, figures, letters or symbols are recorded and includes a map, plan, graph, drawing, painting, recording and photograph; and
(b) anything in which information is embodied so as to be capable of being reproduced;
information in the possession of a Minister means information in the possession of a Minister that relates to the official business of the Minister, but does not include information which is in the possession of the Minister for the sole purpose of collation and forwarding to a body other than a public authority;
information in the possession of a public authority means information in the possession of a public authority that relates to the official business of the authority, but does not include information which is in the possession of the public authority for the sole purpose of collation and forwarding to a body other than another public authority;
Integrity Commission has the same meaning as in the Integrity Commission Act 2009 ;
Joint Committee has the same meaning as in the Integrity Commission Act 2009 ;
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
(ii) is the holder of a licence under the Broadcasting Services Act 1992 of the Commonwealth;
officer , in relation to a public authority, includes a member of the public authority, a member of the staff of the public authority and any person employed by or for the public authority, whether or not that person is a State Service officer or State Service employee;
Ombudsman means the Ombudsman appointed under the Ombudsman Act 1978 ;
personal information means any information or opinion in any recorded format about an individual –
(a) whose identity is apparent or is reasonably ascertainable from the information or opinion; and
(b) who is alive, or has not been dead for more than 25 years;
principal officer means –
(a) in relation to an Agency, within the meaning of the State Service Act 2000 , the Head of Agency; or
(b) in relation to the Police Service, the Commissioner of Police; or
(c) in relation to a council, the general manager of that council; or
(d) the chief executive of a State-owned company or council-owned company; or
(e) the chief executive officer of a Government Business Enterprise; or
(f) in the case of any other public authority, the principal administrative officer of the public authority;
public authority means –
(a) an Agency, within the meaning of the State Service Act 2000 ; or
(ab) the University of Tasmania; or
(b) the Police Service; or
(c) a council; or
(d) a statutory authority; or
(e) a body, whether corporate or unincorporate, that is established by or under an Act for a public purpose; or
(f) a body whose members, or a majority of whose members, are appointed by the Governor or a Minister of the Crown; or
(g) a Government Business Enterprise within the meaning of the Government Business Enterprises Act 1995 ; or
(h) a council-owned company; or
(i) a State-owned company;
regulations means regulations made and in force under this Act;
required disclosure means a disclosure of information by a public authority where the information is required to be published by this or any other Act, or where disclosure is otherwise required by law or enforceable under an agreement;
responsible Minister means –
(a) in relation to an Agency, within the meaning of the State Service Act 2000 , the Minister responsible for the administration of the Agency; or
(b) in relation to another public authority, the Minister administering the Act by which the public authority was established;
routine disclosure means a disclosure of information by a public authority which the public authority decides may be of interest to the public, but which is not a required disclosure, an assessed disclosure or an active disclosure;
State-owned company means a company incorporated under the Corporations Act that is controlled by –
(a) the Crown; or
(b) a Government Business Enterprise; or
(c) a statutory authority; or
(d) another company that is so controlled;
statutory authority means a body or authority, whether incorporated or not, that is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority but does not include an agency.
(2)  For the purpose of the definition of "information in the possession of a Minister" , a Minister is taken to be in possession of information if the Minister is entitled to access the information and it is not information in the possession of a public authority.
(3)  For the purpose of the definition of "information in the possession of a public authority" , a public authority is taken to be in possession of information if the public authority is entitled to the information and it is not information in the possession of a Minister.
(4)  An unincorporated body established by or in accordance with an Act for the purpose of assisting or performing functions connected with a public authority is not taken to be a public authority for the purposes of this Act but is taken to be comprised within the public authority.
(5)  A person is not a public authority solely because the person holds, or performs the duties of –
(a) a prescribed office; or
(b) an office the duties of which the person performs as duties of his or her employment as an officer of a public authority; or
(c) an office or member of a public authority; or
(d) an office established by or in accordance with an Act for the purposes of a public authority.
(6)  A reference to the personal affairs of a person includes the personal affairs of a deceased person, and rights given by this Act in respect of the personal affairs of a person are, where the person is a deceased person, taken to be rights that may be exercised in respect of those personal affairs by the next-of-kin of that person.



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