Mr James Smith

 

Right to Information application

Dear Mr Smith

Thank you for your right to information application emailed to the
Department of Health and Human Services (Tas)

You have specifically requested …documents related to the ten most recent
instances where an employee has sought information, advice, guidance, or
opinion on their social media use in a private capacity.

You further limit the scope of documents to:

-       the original request from the employee

-       the agency/department's response

-       any follow-up questions and response

-       only those sent to a relevant HR / conduct / social media (or
similar) team (rather than managers across all areas of the organisation)

-       where the original request was created in the last 2 years

Pursuant to s13(3) of the Right to Information Act 2009 (Tas) (“the Act”):

(3) An application must contain the minimum information as prescribed in
the regulations.

Regulation 4 of the Right to Information Regulations 2009:

Minimum information to be contained in application for assessed disclosure

For section 13(3) of the Act, the minimum information that must be
contained in an application for an assessed disclosure is as follows:

(a) the name of the applicant;

(b) the address of the applicant, for communication on matters relating to
the application;

(c) the daytime contact details of the applicant;

(d) the general topic of the application;

(e) details of the information sought by the applicant;

(f) details of any efforts undertaken by the applicant, before the
application was made, to obtain the information sought;

(g) the date of the application;

(h) the signature of the applicant;

(i) if the application includes a request for personal information of the
applicant, proof of identity of the applicant.

In my view your application for information, as currently drafted, does
not meet (b), (c), (f), (g) and (h) of regulation 4.

Furthermore, s16 of the Act sets a fee for an application for assessed
disclosure at 25 fee units. The current fee is $38.75. This fee may be
waived it you are able to demonstrate that you are:

-       impecunious,

-       a Member of Parliament acting in accordance with your official
duties, or

-       show that the information is to be used for a purpose that is of
general public interest or benefit.

An application fee must be paid or waived before your application can be
accepted by the Department.

 

In conclusion, your application has not been accepted. The reason, it does
not meet the minimum requirements for an application for assessed
disclosure and the application fee or a request for the fee to waived has
not been received.

 

Regards

 

Mick Casey

Senior Consultant, Right to Information

Legislative Review and Legal Support

Department of Health and Human Services

Phone:   03 6166 3525

Email:    [1][email address]

Web:     [2]www.dhhs.tas.gov.au

Street address: Ground Floor, 99 Bathurst Street, Hobart

Postal address: GPO Box 125, Hobart TAS 7001

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References

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