{"id":"tas:act-2009-054","name":"Right to Information (Consequential and Transitional) Act 2009","slug":"right-to-information-consequential-and-transitional-act-2009","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"54 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":35501,"registerId":"tas-act-2009-054-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Right to Information (Consequential and Transitional) Act 2009](/view/html/inforce/2026-04-12/act-2009-054) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on the day on which the [Right to Information Act 2009](/view/html/inforce/2026-04-12/act-2009-070) commences.","sortOrder":1},{"sectionNumber":"3.","sectionType":"section","heading":null,"content":"### 3.\n\n> See [Schedule 1](#JS1@EN) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Effect of certain amendments","content":"### 4 Effect of certain amendments\n\n> The amendment by this Act of a provision of any regulations, rules or by-laws made under any Act does not prevent that provision or any other provision of those regulations, rules or by-laws from being amended or rescinded by any subsequent regulations, rules or by-laws.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Transitional provisions","content":"### 5 Transitional provisions\n\n> > (1)  A request for information made under the [Freedom of Information Act 1991](/view/html/inforce/2026-04-12/act-1991-022) before the commencement of this Act and not dealt with immediately before that commencement is to be dealt with under the [Freedom of Information Act 1991](/view/html/inforce/2026-04-12/act-1991-022) as if the [Right to Information Act 2009](/view/html/inforce/2026-04-12/act-2009-070) had not been enacted.\n> \n> > (2)  An application for a review of a decision made under the [Freedom of Information Act 1991](/view/html/inforce/2026-04-12/act-1991-022) before the commencement of this Act and not dealt with immediately before that commencement is to be dealt with under the [Freedom of Information Act 1991](/view/html/inforce/2026-04-12/act-1991-022) as if the [Right to Information Act 2009](/view/html/inforce/2026-04-12/act-2009-070) had not been enacted.","sortOrder":4},{"sectionNumber":"SCHEDULE 1 - Consequential Ame","sectionType":"part","heading":"SCHEDULE 1 - Consequential Amendments","content":"# SCHEDULE 1 - Consequential Ame SCHEDULE 1 - Consequential Amendments\n\n[Section 3](#GS3@EN)","sortOrder":5}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available information, this Act appears to have remained consistent with its original intent as a housekeeping and transitional instrument supporting the Right to Information Act 2009. Consequential and transitional acts rarely expand in scope because their purpose is time-limited and procedural by nature."},"complexity_factors":["Limited substantive content visible in the provided text — only metadata and status information is present, making full analysis difficult","Consequential and transitional acts are inherently technical, requiring cross-referencing with the parent Act and multiple amended statutes","Transitional provisions can involve complex questions about which legal regime applies to matters spanning the changeover date","However, such acts are typically mechanical in nature rather than creating novel legal frameworks, keeping complexity relatively low","The Act appears stable (no significant amendments since 2017 file modification), suggesting limited ongoing interpretive complexity"],"plain_english_summary":"The Right to Information (Consequential and Transitional) Act 2009 is a supporting law that updated related statutes and managed the switch from Tasmania’s old freedom-of-information regime to the new Right to Information system when it commenced on 1 July 2010. It affected people and agencies with outstanding FOI requests, reviews or appeals at the time, providing a legal bridge so in‑progress matters and rights were dealt with clearly and consistently."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This Act serves its original narrow purpose as a consequential and transitional instrument. It was always intended to be a technical 'clean-up' Act supporting the main Right to Information Act 2009, and it remains confined to that role — updating cross-references, preserving amendment powers, and managing the cut-over period."},"complexity_factors":["Very short substantive content (only 5 sections, approximately 200 words of operative text)","Heavy reliance on external documents — the actual amendments are in Schedule 1 which is referenced but not displayed in this extract","Simple transitional provisions with clear binary logic (requests made before commencement = old law; after = new law)","Only 2 defined statutory references (Freedom of Information Act 1991 and Right to Information Act 2009)","No nested exceptions, conditional triggers, or complex temporal calculations beyond 'before commencement' vs 'after commencement'"],"plain_english_summary":"This is a **supporting Act** that helps implement Tasmania's new Right to Information Act 2009 by making technical changes to other laws and managing the switchover from the old Freedom of Information system.\n\n**What it does:**\n- **Updates other laws** — It amends various regulations, rules and by-laws across the Tasmanian statute book to replace references to the old Freedom of Information Act 1991 with references to the new Right to Information Act 2009. (These amendments are contained in Schedule 1, which is referenced but not fully shown in this extract.)\n- **Protects future amendments** — It clarifies that just because this Act changes a regulation or rule, that doesn't stop those rules from being changed again later by the usual processes.\n- **Handles pending requests** — It ensures fairness for people who already submitted information requests under the old system: if your request was in the pipeline when the new law started, it keeps being processed under the old rules (the 1991 Act) rather than suddenly switching to the new system mid-stream. The same applies to reviews of decisions already underway.\n\n**Who it affects:**\n- Tasmanian government agencies and public authorities who need to update their procedures\n- Members of the public who had outstanding Freedom of Information requests when the new law commenced\n- Anyone drafting subordinate legislation (regulations, rules, by-laws) who needs to ensure consistency with the new Right to Information framework\n\n**Why it matters:**\nWithout this Act, Tasmania would have a messy transition. Old laws would still point to a repealed Act, and people halfway through requesting documents would face uncertainty about which rules applied. This Act provides the 'plumbing' to make the new transparency regime work smoothly from day one."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Act is consequential and transitional only. It does not alter substantive access rights; it preserves FOI processing for requests and reviews lodged before commencement (s 5) and enables consequential amendments to subordinate instruments while allowing those instruments to be further amended later (s 4 and Schedule 1)."},"complexity_factors":["Short, narrowly focused text with few operative clauses (low structural complexity).","Multiple cross-references to other statutes (Right to Information Act 2009; Freedom of Information Act 1991) which shift legal interpretation to external instruments (s 2, s 5).","Transitional handling of in-flight requests and reviews requires agencies to identify and segregate pre-commencement matters (s 5(1)–(2)).","Provision preserving future amendment of regulations introduces secondary interaction with subordinate legislation (s 4).","Reference to Schedule 1 (consequential amendments) without detail in the body increases reliance on the schedule for full effect (s 3 / Schedule 1).","Phrases like 'not dealt with immediately before that commencement' create room for factual and timing disputes in application."],"plain_english_summary":"This short Act makes the technical and transitional changes needed when the Right to Information Act 2009 starts. It links its commencement to the RTI Act, preserves the ability to later amend any regulations it alters, and requires Freedom of Information requests and review applications lodged but not finished before commencement to keep being handled under the Freedom of Information Act 1991."}},"importantCases":[],"_links":{"self":"/api/acts/right-to-information-consequential-and-transitional-act-2009","history":"/api/acts/right-to-information-consequential-and-transitional-act-2009/history","analysis":"/api/acts/right-to-information-consequential-and-transitional-act-2009/analysis","conflicts":"/api/acts/right-to-information-consequential-and-transitional-act-2009/conflicts","importantCases":"/api/acts/right-to-information-consequential-and-transitional-act-2009/important-cases","documents":"/api/acts/right-to-information-consequential-and-transitional-act-2009/documents"}}