Information Commissioner asked to review Bundaberg council’s pool RTI refusal

A Right To Information request put to the Bundaberg council in May about its $75 million pool development has been dropped after repeated requests for more time. Now the state information watchdog has been asked to investigate.

Bundaberg Regional Council chief executive Steve Johnston told ratepayer Karen Tulk the information she sought was not available to the public.

The state information watchdog has been asked to examine Bundaberg Regional Council inner workings after it refused to release information surrounding the controversial $75 million Bundaberg aquatic centre, despite a month-long extension on a Right to Information query.

The application, submitted by NewsCorp and the Bundaberg NewsMail in early May 2023, sought more detail around the project, which has come under scrutiny amid claims of secrecy and cost blow outs.

The application sought line items, feasibility reports and cost breakdowns on the project, and the council’s demolition of Anzac Park.

Under Queensland’s RTI laws, organisations have 25 business days to make a decision on applications.

Following the NewsCorp request, the council asked for, and was granted, two two-week extensions, claiming in each case that it had been “unable to finalise (a) decision” by the deadline.

On Tuesday, July 11, Bundaberg council issued a deeming notice on the RTI, which ultimately refused access to the requested documents along with a refund on the $53 application fee.

The Bundaberg Aquatic Centre project has been an object of contention in the region. Source: Bundaberg Regional Council

After requesting the third extension, NewsCorp rejected the request on July 11, 2023 and the same day received notice the council would “immediately cease processing your application.”

NewsCorp has now asked the the Office of Information Commissioner for an external review.

The Right to Information request was first lodged after it was revealed ratepayer Karen Tulk had requested similar information from the council about the pool costings.

She was told by the council to submit an RTI as the information she sought was “not publicly available”.

At a June 2o23 council meeting, it was also revealed the council had no set plans on the future management of the Regional Aquatic Centre, nor did it know how much the annual running costs would be.

At a June 28, 2023 council budget meeting it was revealed councillor Greg Barnes had also requested similar documents from the council.

After his request was denied and escalated to the state government’s Chief Information Officer he was also told he would need to submit an RTI to get a costing breakdown.

The watchdog has said it will make a decision on reviewing the council’s decision within six weeks as it is “currently processing a large number of external review decisions.”

Originally published as Information Commissioner asked to review Bundaberg council’s pool RTI refusal