Decision-makers of disclosures and the public interest test

Decisions of information disclosures are usually made by officers in a public authority with specific delegations.

When deciding whether the disclosure of information is against the public interest, a decision-maker must weigh up factors favouring release and those favouring non-disclosure.

The Right to Information Act sets out matters that must be considered by the decision-maker when applying the public interest test. Factors that typically favour disclosure of information include:

• The general public need for government information to be accessible.
• Whether information would contribute to debate on a matter of public interest.
• Whether the information would inform a person about the reasons for a decision.
• Whether the information would improve scrutiny of government actions, processes or decisions.
• Whether the information would promote the interests of a person or organisation.
• Whether the information would promote the economic or environmental interests of Tasmania.

Factors that might require information to be exempt from release include:

• Whether the information would hinder debate on a matter of public interest.
• Whether the information would harm public health or safety.
• Whether the disclosure would harm the economic development of Tasmania.
• Whether the disclosure would harm the environment and or ecology of Tasmania.
• Whether the information would harm the interests of an individual or group of individuals.
• Whether the disclosure would make it harder for the government to get the information in the future.
• Whether the disclosure would harm the business or financial interests of a public authority or any other person or organisation.

The decision-maker can consider any other matter that is relevant to the information being assessed.

There are also matters a decision-maker must not consider when deciding whether to release information, including:

• loss of confidence in the government
• misunderstanding
• confusion or unnecessary debate
• the seniority of a document’s author or the seniority of the subject of a document.

It can be difficult to decide whether the release of information is not in the public interest and there is usually no clear right answer. The decision-maker needs to look at all the relevant factors and consider whether releasing the information would cause harm to a person, organisation or to Tasmania. The starting point is that information should be released, unless there are strong reasons not to.