From 1 July 2019 OVIC commenced publishing de-identified FOI review decisions made by the Information Commissioner and the Public Access Information Commissioner (the Commissioners) under section 49P of the Freedom of Information Act 1982 (Vic) (FOI Act) on both OVIC’s website as below and on the Australasian Legal Information Institute (AustLII) website.
We publish a selection of all decisions made which show the breadth of reviews conducted by the Commissioners and provide insight into the Commissioner’s interpretation for the FOI Act. Please note, it is open to the relevant parties to appeal the decisions made by OVIC’s Commissioners and some of the decisions published may have been subsequently subject to review by the Victorian Civil and Administrative Tribunal or other relevant jurisdictions.
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‘AC1’ and Victoria Police (Freedom of Information) [2019] VICmr 19 (29 March 2019)
FREEDOM OF INFORMATION – IP address – personal affairs information
Decision information
Date of decision: 29 March 2019 Applicant: 'AC1' Agency: Victoria Police Citation: ‘AC1’ and Victoria Police (Freedom of Information) [2019] VICmr 19 (29 March 2019) Headnote: FREEDOM OF INFORMATION – IP address – personal affairs information Sections in the FOI Act: 33(1) Download this file: ‘AC1’ and Victoria Police Freedom of Information 2019 VICmr 19 29 March 2019 - PDF (255 KB) -
‘AB9’ and Edenhope & District Memorial Hospital (Freedom of Information) [2019] VICmr 18 (29 March 2019)
FREEDOM OF INFORMATION – medical records of a deceased individual – next of kin – personal affairs information
Decision information
Date of decision: 29 March 2019 Applicant: 'AB9' Agency: Edenhope & District Memorial Hospital Citation: ‘AB9’ and Edenhope & District Memorial Hospital (Freedom of Information) [2019] VICmr 18 (29 March 2019) Headnote: FREEDOM OF INFORMATION – medical records of a deceased individual – next of kin – personal affairs information Sections in the FOI Act: 33(1) Download this file: ‘AB9’ and Edenhope District Memorial Hospital Freedom of Information 2019 VICmr 18 29 March 2019 - PDF (180 KB) -
‘AB7’ and St Vincent’s Health (Freedom of Information) [2019] VICmr 16 (28 March 2019)
FREEDOM OF INFORMATION – health records – third party communications – documents affecting personal privacy – documents containing material obtained in confidence
Decision information
Date of decision: 28 March 2019 Applicant: 'AB7' Agency: St Vincent’s Health Citation: 'AB7' and St Vincent's Health (Freedom of Information) [2019] VICmr 16 (28 March 2019) Headnote: FREEDOM OF INFORMATION – health records – third party communications – documents affecting personal privacy – documents containing material obtained in confidence Sections in the FOI Act: 33(1), 35(1)(b) Download this file: AB7 and St Vincents Health Freedom of Information 2019 VICmr 16 28 March 2019 - PDF (182 KB) -
‘AB8’ and Victoria Police (Freedom of Information) [2019] VICmr 17 (28 March 2019)
FREEDOM OF INFORMATION – police records –employment records – transcripts of interviews with a third party other than the Applicant – documents affecting personal privacy – documents to which secrecy provisions apply – section 4 of the Judicial Proceedings Reports Act 1958 (Vic) – section 35 of the Crimes Act 1958 (Vic)
Decision information
Date of decision: 28 March 2019 Applicant: 'AB8' Agency: Victoria Police Citation: ‘AB8’ and Victoria Police (Freedom of Information) [2019] VICmr 17 (28 March 2019) Headnote: FREEDOM OF INFORMATION – police records –employment records – transcripts of interviews with a third party other than the Applicant – documents affecting personal privacy – documents to which secrecy provisions apply – section 4 of the Judicial Proceedings Reports Act 1958 (Vic) – section 35 of the Crimes Act 1958 (Vic) Sections in the FOI Act: 33(1), 38 Download this file: ‘AB8’ and Victoria Police Freedom of Information 2019 VICmr 17 28 March 20192 - PDF (317 KB) -
‘AB4’ and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 13 (26 March 2019)
FREEDOM OF INFORMATION – prison medical file – Corrections Act 1986 – section 104ZZA – relevant person – personal or confidential information – secrecy provision
Decision information
Date of decision: 26 March 2019 Applicant: 'AB4' Agency: Department of Justice and Community Safety (DJCS) Citation: ‘AB4’ and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 13 (26 March 2019) Headnote: FREEDOM OF INFORMATION – prison medical file – Corrections Act 1986 – section 104ZZA – relevant person – personal or confidential information – secrecy provision Sections in the FOI Act: 33(1), 38 Download this file: ‘AB4’ and Department of Justice and Community Safety Freedom of Information 2019 VICmr 13 26 March 2019 - PDF (283 KB) -
‘AB6’ and St Vincent’s Hospital (Freedom of Information) [2019] VICmr 15 (26 March 2019)
FREEDOM OF INFORMATION – health related matters – medical records – community episode – screening register detail – progress notes – discharge summary – documents containing material obtained in confidence
Decision information
Date of decision: 26 March 2019 Applicant: 'AB6' Agency: St Vincent’s Health Citation: 'AB6' and St Vincent's Hospital (Freedom of Information) [2019] VICmr 15 (26 March 2019) Headnote: FREEDOM OF INFORMATION – health related matters – medical records – community episode – screening register detail – progress notes – discharge summary – documents containing material obtained in confidence Sections in the FOI Act: 35(1)(b) Download this file: AB6 and St Vincents Hospital Freedom of Information 2019 VICmr 15 26 March 2019 1 - PDF (262 KB) -
‘AB5’ and Victoria Police (Freedom of Information) [2019] VICmr 14 (26 March 2019)
FREEDOM OF INFORMATION – criminal history – criminal investigations – unreasonable disclosure – personal information – information requested for a professional publication
Decision information
Date of decision: 26 March 2019 Applicant: 'AB5' Agency: Victoria Police Citation: ‘AB5’ and Victoria Police (Freedom of Information) [2019] VICmr 14 (26 March 2019) Headnote: FREEDOM OF INFORMATION – criminal history – criminal investigations – unreasonable disclosure – personal information – information requested for a professional publication Sections in the FOI Act: 25A(5), 33(1) Download this file: AB5 and Victoria Police Freedom of Information 2019 VICmr 14 26 March 2019 - PDF (191 KB) -
‘AA9’ and Department of Health and Human Services (Freedom of Information) [2019] VICmr 9 (22 March 2019)
FREEDOM OF INFORMATION – Meeting minutes – staff details – personal affairs information
Decision information
Date of decision: 22 March 2019 Applicant: 'AA9' Agency: Citation: ‘AA9’ and Department of Health and Human Services (Freedom of Information) [2019] VICmr 9 (22 March 2019) Headnote: FREEDOM OF INFORMATION – Meeting minutes – staff details – personal affairs information Sections in the FOI Act: 33(1) Download this file: ‘AA9’ and Department of Health and Human Services Freedom of Information 2019 VICmr 9 22 March 2019 - PDF (172 KB) -
‘AB2’ and Victoria Police (Freedom of Information) [2019] VICmr 11 (22 March 2019)
FREEDOM OF INFORMATION – police records – traffic incident system notes – handwritten notes of interview with third party – electronic patrol duty report – brief head – preliminary brief – statement made by informant – charge sheet and summons – VIFM toxicology certificate of approved analyst – VP form 811 – certificate under Road Safety Act 1986 (Vic)– record of interview – documents affecting personal privacy – documents to which secrecy provisions apply
Decision information
Date of decision: 22 March 2019 Applicant: 'AB2' Agency: Victoria Police Citation: ‘AB2’ and Victoria Police (Freedom of Information) [2019] VICmr 11 (22 March 2019) Headnote: FREEDOM OF INFORMATION – police records – traffic incident system notes – handwritten notes of interview with third party – electronic patrol duty report – brief head – preliminary brief – statement made by informant – charge sheet and summons – VIFM toxicology certificate of approved analyst – VP form 811 – certificate under Road Safety Act 1986 (Vic)– record of interview – documents affecting personal privacy – documents to which secrecy provisions apply Sections in the FOI Act: 33(1), 38 Download this file: ‘AB2’ and Victoria Police Freedom of Information 2019 VICmr 11 22 March 2019 - PDF (1 MB) -
‘AB3’ and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 12 (22 March 2019)
FREEDOM OF INFORMATION – Communications between a corrections facility and the Applicant – prison records – Corrections staff – secrecy provision
Decision information
Date of decision: 22 March 2019 Applicant: 'AB3' Agency: Department of Justice and Community Safety (DJCS) Citation: ‘AB3’ and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 12 (22 March 2019) Headnote: FREEDOM OF INFORMATION – communications between a corrections facility and the Applicant – prison records – Corrections staff – secrecy provision Sections in the FOI Act: 23(2), 38, 31(1)(a) Download this file: ‘AB3’ and Department of Justice and Community Safety Freedom of Information 2019 VICmr 12 22 March 2019 - PDF (306 KB) -
‘AB1′ and Department of Health and Human Services (Freedom of Information) [2019] VICmr 10 (22 March 2019)
FREEDOM OF INFORMATION – wardship and youth justice records of a deceased family member – personal affairs information
Decision information
Date of decision: 22 March 2019 Applicant: 'AB1' Agency: Citation: ‘AB1' and Department of Health and Human Services (Freedom of Information) [2019] VICmr 10 (22 March 2019) Headnote: FREEDOM OF INFORMATION – wardship and youth justice records of a deceased family member – personal affairs information Sections in the FOI Act: 33(1) Download this file: ‘AB1 and Department of Health and Human Services Freedom of Information 2019 VICmr 10 22 March 2019 - PDF (410 KB) -
‘AA7’ and Victoria Police (Freedom of Information) [2019] VICmr 7 (21 March 2019)
FREEDOM OF INFORMATION – police records – image of an offender relating to an incident – photograph of an offender – law enforcement documents – ongoing police investigation – documents affecting a third party’s personal privacy
Decision information
Date of decision: 21 March 2019 Applicant: 'AA7' Agency: Victoria Police Citation: 'AA7' and Victoria Police (Freedom of Information) [2019] VICmr 7 (21 March 2019) Headnote: FREEDOM OF INFORMATION – police records – image of an offender relating to an incident – photograph of an offender – law enforcement documents – ongoing police investigation – documents affecting a third party’s personal privacy Sections in the FOI Act: 31(1)(a), 33(1) Download this file: ‘AA7’ and Victoria Police Freedom of Information 2019 VICmr 7 21 March 2019 - PDF (198 KB) -
‘AA8’ and Victoria Police (Freedom of Information) [2019] VICmr 8 (21 March 2019)
FREEDOM OF INFORMATION – police records – request for information from an investigator – bond summary advice from Residential Tenancies Bond Authority – emails from councils relating to property interests – results of title search – land data Victoria – owners corporation search – plan of subdivision – personal affairs information
Decision information
Date of decision: 21 March 2019 Applicant: 'AA8' Agency: Victoria Police Citation: ‘AA8’ and Victoria Police (Freedom of Information) [2019] VICmr 8 (21 March 2019) Headnote: FREEDOM OF INFORMATION – police records – request for information from an investigator – bond summary advice from Residential Tenancies Bond Authority – emails from councils relating to property interests – results of title search – land data Victoria – owners corporation search – plan of subdivision – personal affairs information Sections in the FOI Act: 33(1) Download this file: ‘AA8’ and Victoria Police Freedom of Information 2019 VICmr 8 21 March 2019 - PDF (654 KB) -
‘AA6’ and Victoria Police (Freedom of Information) [2019] VICmr 6 (14 March 2019)
FREEDOM OF INFORMATION – police records – record of interview of a third party – personal affairs information
Decision information
Date of decision: 14 March 2019 Applicant: 'AA6' Agency: Victoria Police Citation: ‘AA6’ and Victoria Police (Freedom of Information) [2019] VICmr 6 (14 March 2019) Headnote: FREEDOM OF INFORMATION – police records – record of interview of a third party – personal affairs information Sections in the FOI Act: 33(1) Download this file: ‘AA6’ and Victoria Police Freedom of Information 2019 VICmr 6 14 March 2019 - PDF (218 KB) -
‘AC8’ and Department of Health and Human Services (Freedom of Information) [2019] VICmr 26 (9 March 2019)
FREEDOM OF INFORMATION – Child Protection files – statements made to a protective intervener
Decision information
Date of decision: 9 March 2019 Applicant: 'AC8' Agency: Citation: 'AC8' and Department of Health and Human Services (Freedom of Information) [2019] VICmr 26 (9 March 2019) Headnote: FREEDOM OF INFORMATION – Child Protection files – statements made to a protective intervener Sections in the FOI Act: 25A(5), 38 Download this file: AC8 and Department of Health and Human Services Freedom of Information 2019 VICmr 26 9 March 2019 - PDF (196 KB) -
‘AA5’ and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 5 (8 March 2019)
FREEDOM OF INFORMATION – prison medical file – Corrections Act 1986 – section 104ZZA – personal and confidential information – relevant person – secrecy provision – contrary to the public interest – opinions advice and observations
Decision information
Date of decision: 8 March 2019 Applicant: 'AA5' Agency: Department of Justice and Community Safety (DJCS) Citation: ‘AA5’ and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 5 (8 March 2019) Headnote: FREEDOM OF INFORMATION – prison medical file – Corrections Act 1986 – section 104ZZA – personal and confidential information – relevant person – secrecy provision – contrary to the public interest – opinions advice and observations Sections in the FOI Act: 30, 33(1), 38 Download this file: ‘AA5’ and Department of Justice and Community Safety Freedom of Information 2019 VICmr 5 8 March 2019 - PDF (372 KB) -
‘AA2’ and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 2 (7 March 2019)
FREEDOM OF INFORMATION – Community Corrections Service file – case note – contrary to the public interest – professional opinions and advice of staff
Decision information
Date of decision: 7 March 2019 Applicant: 'AA2' Agency: Department of Justice and Community Safety (DJCS) Citation: ‘AA2’ and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 2 (7 March 2019) Headnote: FREEDOM OF INFORMATION – Community Corrections Service file – case note – contrary to the public interest - professional opinions and advice of staff Sections in the FOI Act: 30, 33(1), 38 Download this file: ‘AA2’ and Department of Justice and Community Safety Freedom of Information 2019 VICmr 2 7 March 2019 1 - PDF (179 KB) -
‘AA3’ and Northern Health (Freedom of Information) [2019] VICmr 3 (7 March 2019)
FREEDOM OF INFORMATION – Medical records – personal affairs information – communicated in confidence – contrary to the public interest
Decision information
Date of decision: 7 March 2019 Applicant: 'AA3' Agency: Northern Health Citation: 'AA3’ and Northern Health (Freedom of Information) [2019] VICmr 3 (7 March 2019) Headnote: FREEDOM OF INFORMATION – Medical records – personal affairs information – communicated in confidence – contrary to the public interest Sections in the FOI Act: 33(1), 35(1)(b) Download this file: AA3’ and Northern Health Freedom of Information 2019 VICmr 3 7 March 2019 2 - PDF (274 KB) -
‘AA4’ and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 4 (7 March 2019)
FREEDOM OF INFORMATION – prison medical file – Corrections Act 1986 – section 104ZZA – personal or confidential information – secrecy provision
Decision information
Date of decision: 7 March 2019 Applicant: 'AA4' Agency: Department of Justice and Community Safety (DJCS) Citation: ‘AA4’ and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 4 (7 March 2019) Headnote: FREEDOM OF INFORMATION – prison medical file – Corrections Act 1986 – section 104ZZA – personal or confidential information – secrecy provision Sections in the FOI Act: 33(1), 38 Download this file: ‘AA4’ and Department of Justice and Community Safety Freedom of Information 2019 VICmr 4 7 March 2019 1 - PDF (424 KB)