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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‘AF2’ and Department of Health and Human Services (Freedom of Information) [2019] VICmr 47 (31 May 2019)
FREEDOM OF INFORMATION – Housing integrated information Program (Hiip) database report – application for housing – personal affairs information
Decision information
Date of decision: 31 May 2019 Applicant: 'AF2' Agency: Citation: 'AF2' and Department of Health and Human Services (Freedom of Information) [2019] VICmr 47 (31 May 2019) Headnote: FREEDOM OF INFORMATION – Housing integrated information Program (Hiip) database report – application for housing – personal affairs information Sections in the FOI Act: 33(1) Download this file: AF2 and Department of Health and Human Services Freedom of Information 2019 VICmr 47 31 May 2019 - PDF (187 KB) -
‘AF3’ and Eastern Health (Freedom of Information) [2019] VICmr 48 (31 May 2019)
FREEDOM OF INFORMATION – medical records – patient records – hospital records – triage form – irrelevant material – records of an unrelated third party placed on medical file in error
Decision information
Date of decision: 31 May 2019 Applicant: 'AF3' Agency: Eastern Health Citation: 'AF3' and Eastern Health (Freedom of Information) [2019] VICmr 48 (31 May 2019) Headnote: FREEDOM OF INFORMATION – medical records – patient records – hospital records – triage form – irrelevant material – records of an unrelated third party placed on medical file in error Sections in the FOI Act: 25 Download this file: AF3 and Eastern Health Freedom of Information 2019 VICmr 48 31 May 2019 - PDF (160 KB) -
‘AE7’ and Victoria Police (Freedom of Information) [2019] VICmr 43 (30 May 2019)
FREEDOM OF INFORMATION – CCTV footage – police records – evidence gathered during police investigation – ongoing police investigation – law enforcement documents
Decision information
Date of decision: 30 May 2019 Applicant: 'AE7' Agency: Victoria Police Citation: 'AE7' and Victoria Police (Freedom of Information) [2019] VICmr 43 (30 May 2019) Headnote: FREEDOM OF INFORMATION – CCTV footage – police records – evidence gathered during police investigation – ongoing police investigation – law enforcement documents Sections in the FOI Act: 31(1)(a), 33(1) Download this file: AE7 and Victoria Police Freedom of Information 2019 VICmr 43 30 May 2019 - PDF (176 KB) -
‘AE8’ and Department of Health and Human Services (Freedom of Information) [2019] VICmr 44 (30 May 2019)
FREEDOM OF INFORMATION – Child Protection documents – refusal to process request on grounds all documents, should they exist, would be exempt – disclosure would prejudice to the proper administration of the law – prohibited disclosure of confidential information – Children, Youth and Families Act 2005 (Vic)
Decision information
Date of decision: 30 May 2019 Applicant: 'AE8' Agency: Citation: 'AE8' and Department of Health and Human Services (Freedom of Information) [2019] VICmr 44 (30 May 2019) Headnote: FREEDOM OF INFORMATION – Child Protection documents – refusal to process request on grounds all documents, should they exist, would be exempt – disclosure would prejudice to the proper administration of the law – prohibited disclosure of confidential information – Children, Youth and Families Act 2005 (Vic) Sections in the FOI Act: 25A(5), 31(1)(a), 31(1)(c), 33(1), 35(1)(b), 38 Download this file: ‘AE8’ and Department of Health and Human Services Freedom of Information 2019 VICmr 44 30 May 2019 - PDF (225 KB) -
‘AE6’ and Victoria Police (Freedom of Information) [2019] VICmr 42 (30 May 2019)
FREEDOM OF INFORMATION – police records – LEAP records – investigation full response report – THASM (threats against serving members) – handwritten diary notes – statements – CAD event report – incident report – preliminary brief – informant statement – internal working documents – personal affairs information
Decision information
Date of decision: 30 May 2019 Applicant: 'AE6' Agency: Victoria Police Citation: 'AE6' and Victoria Police (Freedom of Information) [2019] VICmr 42 (30 May 2019) Headnote: FREEDOM OF INFORMATION – police records – LEAP records – investigation full response report – THASM (threats against serving members) – handwritten diary notes – statements – CAD event report – incident report – preliminary brief – informant statement – internal working documents – personal affairs information Sections in the FOI Act: 30, 33(1) Download this file: AE6 and Victoria Police Freedom of Information 2019 VICmr 42 30 May 2019 - PDF (2 MB) -
‘AE9’ and VicRoads (Freedom of Information) [2019] VICmr 45 (30 May 2019)
FREEDOM OF INFORMATION – car registration information – transfer of registration form – Vehicle Registration and Identification System (VRIS) – documents to which secrecy provisions apply – Road Safety Act 1986 (Vic)
Decision information
Date of decision: 30 May 2019 Applicant: 'AE9' Agency: Citation: 'AE9' and VicRoads (Freedom of Information) [2019] VICmr 45 (30 May 2019) Headnote: FREEDOM OF INFORMATION – car registration information – transfer of registration form – Vehicle Registration and Identification System (VRIS) – documents to which secrecy provisions apply – Road Safety Act 1986 (Vic) Sections in the FOI Act: 38 Download this file: AE9 and VicRoads Freedom of Information 2019 VICmr 45 30 May 2019 - PDF (274 KB) -
‘AF1’ and Victoria Police (Freedom of Information) [2019] VICmr 46 (30 May 2019)
FREEDOM OF INFORMATION – disputes and complaints – would substantially and unreasonably divert the resources of the Agency from its other operations
Decision information
Date of decision: 30 May 2019 Applicant: 'AF1' Agency: Victoria Police Citation: 'AF1' and Victoria Police (Freedom of Information) [2019] VICmr 46 (30 May 2019) Headnote: FREEDOM OF INFORMATION – disputes and complaints – would substantially and unreasonably divert the resources of the Agency from its other operations Sections in the FOI Act: 25A(1) Download this file: AF1 and Victoria Police Freedom of Information 2019 VICmr 46 30 May 2019 - PDF (199 KB) -
‘AE5’ and Department of Health and Human Services (Freedom of Information) [2019] VICmr 41 (30 May 2019)
FREEDOM OF INFORMATION – employee grievance file – Worksafe inspection report – unreasonable to release third party personal affairs information – non-executive agency officers reasonably likely to object to disclosure
Decision information
Date of decision: 30 May 2019 Applicant: 'AE5' Agency: Citation: 'AE5' and Department of Health and Human Services (Freedom of Information) [2019] VICmr 41 (30 May 2019) Headnote: FREEDOM OF INFORMATION – employee grievance file – Worksafe inspection report – unreasonable to release third party personal affairs information – non-executive agency officers reasonably likely to object to disclosure Sections in the FOI Act: 33(1) Download this file: AE5 and Department of Health and Human Services Freedom of Information 2019 VICmr 41 30 May 2019 - PDF (199 KB) -
‘AE4’ and Victoria Police (Freedom of Information) [2019] VICmr 40 (28 May 2019)
FREEDOM OF INFORMATION – Electronic Patrol Duty Return Form – ePDR – irrelevant information – personal affairs information – unreasonable disclosure
Decision information
Date of decision: 28 May 2019 Applicant: 'AE4' Agency: Victoria Police Citation: 'AE4' and Victoria Police (Freedom of Information) [2019] VICmr 40 (28 May 2019) Headnote: FREEDOM OF INFORMATION – Electronic Patrol Duty Return Form – ePDR – irrelevant information – personal affairs information – unreasonable disclosure Sections in the FOI Act: 33(1) Download this file: AE4 and Victoria Police Freedom of Information 2019 VICmr 40 28 May 2019 - PDF (230 KB) -
‘AE2’ and Victoria Police (Freedom of Information) [2019] VICmr 38 (24 May 2019)
FREEDOM OF INFORMATION – LEAP report – personal affairs information – law enforcement – unsolved police investigation – prejudice investigation
Decision information
Date of decision: 24 May 2019 Applicant: 'AE2' Agency: Victoria Police Citation: 'AE2' and Victoria Police (Freedom of Information) [2019] VICmr 38 (24 May 2019) Headnote: FREEDOM OF INFORMATION – LEAP report – personal affairs information – law enforcement – unsolved police investigation – prejudice investigation Sections in the FOI Act: 31(1)(a), 33(1) Download this file: AE2 and Victoria Police Freedom of Information 2019 VICmr 38 24 May 2019 - PDF (252 KB) -
‘AD8’ and Victoria Police (Freedom of Information) [2019] VICmr 35 (24 May 2019)
FREEDOM OF INFORMATION – CCTV footage – personal affairs information
Decision information
Date of decision: 24 May 2019 Applicant: 'AD8' Agency: Victoria Police Citation: ‘AD8’ and Victoria Police (Freedom of Information) [2019] VICmr 35 (24 May 2019) Headnote: FREEDOM OF INFORMATION – CCTV footage – personal affairs information Sections in the FOI Act: 33(1) Download this file: ‘AD8’ and Victoria Police Freedom of Information 2019 VICmr 35 24 May 2019 - PDF (187 KB) -
‘AD9’ and Monash University (Freedom of Information) [2019] VICmr 36 (24 May 2019)
FREEDOM OF INFORMATION – university remission of debt applications – agency emails – meeting minutes – working documents – documents affecting legal proceedings – documents affecting personal privacy – documents containing material obtained in confidence
Decision information
Date of decision: 24 May 2019 Applicant: 'AD9' Agency: Monash University Citation: ‘AD9’ and Monash University (Freedom of Information) [2019] VICmr 36 (24 May 2019) Headnote: FREEDOM OF INFORMATION – university remission of debt applications – agency emails – meeting minutes – working documents – documents affecting legal proceedings – documents affecting personal privacy – documents containing material obtained in confidence Sections in the FOI Act: 30, 32, 33(1), 35(1)(b) Download this file: ‘AD9’ and Monash University Freedom of Information 2019 VICmr 36 24 May 2019 - PDF (1 MB) -
‘AE1’ and Monash University (Freedom of Information) [2019] VICmr 37 (24 May 2019)
FREEDOM OF INFORMATION – name of an administrative decision maker – documents affecting personal privacy
Decision information
Date of decision: 24 May 2019 Applicant: 'AE1' Agency: Monash University Citation: ‘AE1’ and Monash University (Freedom of Information) [2019] VICmr 37 (24 May 2019) Headnote: FREEDOM OF INFORMATION – name of an administrative decision maker – documents affecting personal privacy Sections in the FOI Act: 33(1) Download this file: ‘AE1’ and Monash University Freedom of Information 2019 VICmr 37 24 May 2019 - PDF (182 KB) -
‘AD7’ and Barwon Health (Freedom of Information) [2019] VICmr 34 (23 May 2019)
FREEDOM OF INFORMATION – Applicant’s medical records – documents affecting personal privacy of third parties – documents containing material obtained in confidence from third parties
Decision information
Date of decision: 23 May 2019 Applicant: 'AD7' Agency: Barwon Health Citation: ‘AD7’ and Barwon Health (Freedom of Information) [2019] VICmr 34 (23 May 2019) Headnote: FREEDOM OF INFORMATION – Applicant’s medical records – documents affecting personal privacy of third parties – documents containing material obtained in confidence from third parties Sections in the FOI Act: 33(1), 35(1)(b) Download this file: ‘AD7’ and Barwon Health Freedom of Information 2019 VICmr 34 23 May 2019 - PDF (180 KB) -
‘AD6’ and Department of Environment, Land, Water and Planning (Freedom of Information) [2019] VICmr 33 (23 May 2019)
FREEDOM OF INFORMATION – Personnel file of former employee – legal professional privilege – waiver of legal professional privilege due to inadvertent disclosure – correspondence from Agency’s legal advisers to Agency – draft documents – not contrary to public interest to release
Decision information
Date of decision: 23 May 2019 Applicant: 'AD6' Agency: Citation: ‘AD6’ and Department of Environment, Land, Water and Planning (Freedom of Information) [2019] VICmr 33 (23 May 2019) Headnote: FREEDOM OF INFORMATION – Personnel file of former employee – legal professional privilege – waiver of legal professional privilege due to inadvertent disclosure – correspondence from Agency’s legal advisers to Agency – draft documents – not contrary to public interest to release Sections in the FOI Act: 30, 32 Download this file: ‘AD6’ and Department of Environment Land Water and Planning Freedom of Information 2019 VICmr 33 23 May 2019 - PDF (1 MB) -
‘AE3’ and VicRoads (Freedom of Information) [2019] VICmr 39 (23 May 2019)
FREEDOM OF INFORMATION – car registration information – previous owner details – vehicle registration and identification system (VRIS) – dealer online vehicle registration form – authority to register a vehicle, certificate of roadworthiness – transfer of registration form – documents to which secrecy provisions apply – Road Safety Act 1986 (Vic)
Decision information
Date of decision: 23 May 2019 Applicant: 'AE3' Agency: Citation: 'AE3' and VicRoads (Freedom of Information) [2019] VICmr 39 (23 May 2019) Headnote: FREEDOM OF INFORMATION – car registration information – previous owner details – vehicle registration and identification system (VRIS) – dealer online vehicle registration form – authority to register a vehicle, certificate of roadworthiness – transfer of registration form – documents to which secrecy provisions apply – Road Safety Act 1986 (Vic) Sections in the FOI Act: 38 Download this file: AE3 and VicRoads Freedom of Information 2019 VICmr 39 23 May 2019 - PDF (180 KB) -
‘AD3’ and Victoria Police (Freedom of Information) [2019] VICmr 30 (16 May 2019)
FREEDOM OF INFORMATION – CCTV footage – police records – evidence gathered during police investigation – ongoing police investigation – law enforcement documents
Decision information
Date of decision: 16 May 2019 Applicant: 'AD3' Agency: Victoria Police Citation: 'AD3' and Victoria Police (Freedom of Information) [2019] VICmr 30 (16 May 2019) Headnote: FREEDOM OF INFORMATION – CCTV footage – police records – evidence gathered during police investigation – ongoing police investigation – law enforcement documents Sections in the FOI Act: 31(1)(a) Download this file: AD3’ and Victoria Police Freedom of Information 2019 VICmr 30 16 May 2019 - PDF (186 KB) -
‘AD2’ and Department of Education and Training (Freedom of Information) [2019] VICmr 29 (16 May 2019)
FREEDOM OF INFORMATION – documents relating to incident with child at school – internal working documents – information obtained in confidence
Decision information
Date of decision: 16 May 2019 Applicant: 'AD2' Agency: Citation: 'AD2' and Department of Education and Training (Freedom of Information) [2019] VICmr 29 (16 May 2019) Headnote: FREEDOM OF INFORMATION – documents relating to incident with child at school – internal working documents – information obtained in confidence Sections in the FOI Act: 30, 35(1)(b) Download this file: AD2 and Department of Education and Training Freedom of Information 2019 VICmr 29 16 May 2019 - PDF (1 MB) -
‘AD5’ and Emergency Services Telecommunications Authority (Freedom of Information) [2019] VICmr 32 (16 May 2019)
FREEDOM OF INFORMATION – Triple zero call – 000 – secrecy provision – confidential information –Emergency Services Telecommunications Authority Act 2004 (Vic) – ESTA Act
Decision information
Date of decision: 16 May 2019 Applicant: 'AD5' Agency: Emergency Services Telecommunications Authority Citation: ‘AD5’ and Emergency Services Telecommunications Authority (Freedom of Information) [2019] VICmr 32 (16 May 2019) Headnote: FREEDOM OF INFORMATION – Triple zero call – 000 – secrecy provision – confidential information –Emergency Services Telecommunications Authority Act 2004 (Vic) – ESTA Act Sections in the FOI Act: 38 Download this file: ‘AD5’ and Emergency Services Telecommunications Authority Freedom of Information 2019 VICmr 32 16 May 2019 - PDF (233 KB) -
‘AD4’ and Victoria Police (Freedom of Information) [2019] VICmr 31 (16 May 2019)
FREEDOM OF INFORMATION – police report – family violence report – documents required for immigration visa
Decision information
Date of decision: 16 May 2019 Applicant: 'AD4' Agency: Victoria Police Citation: ‘AD4’ and Victoria Police (Freedom of Information) [2019] VICmr 31 (16 May 2019) Headnote: FREEDOM OF INFORMATION – police report – family violence report – documents required for immigration visa Sections in the FOI Act: 33(1) Download this file: ‘AD4’ and Victoria Police Freedom of Information 2019 VICmr 31 16 May 2019 1 - PDF (328 KB) -
‘AD1’ and Department of Education and Training (Freedom of Information) [2019] VICmr 28 (13 May 2019)
FREEDOM OF INFORMATION – CCTV footage – primary school – children in playground – school staff – personal affairs information – unreasonable disclosure
Decision information
Date of decision: 13 May 2019 Applicant: 'AD1' Agency: Citation: 'AD1' and Department of Education and Training (Freedom of Information) [2019] VICmr 28 (13 May 2019) Headnote: FREEDOM OF INFORMATION – CCTV footage – primary school – children in playground – school staff – personal affairs information – unreasonable disclosure Sections in the FOI Act: 33(1) Download this file: AD1 and Department of Education and Training Freedom of Information 2019 VICmr 28 13 May 2019 - PDF (240 KB) -
‘AC9’ and Victoria Police (Freedom of Information) [2019] VICmr 27 (10 May 2019)
FREEDOM OF INFORMATION – police records – motor vehicle accident – Electronic Patrol Duty Return (ePDR) – notes of attending police members – Penalty Infringement Notices – Traffic Incident System database notes
Decision information
Date of decision: 10 May 2019 Applicant: 'AC9' Agency: Victoria Police Citation: 'AC9' and Victoria Police (Freedom of Information) [2019] VICmr 27 (10 May 2019) Headnote: FREEDOM OF INFORMATION – police records – motor vehicle accident – Electronic Patrol Duty Return (ePDR) – notes of attending police members – Penalty Infringement Notices – Traffic Incident System database notes Sections in the FOI Act: 33(1) Download this file: AC9 and Victoria Police Freedom of Information 2019 VICmr 27 10 May 2019 - PDF (369 KB) -
‘AC7’ and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 25 (3 May 2019)
FREEDOM OF INFORMATION – prisoner – clinical assessment in prison – Specialised Offender Assessment and Treatment Service (SOATS) – internal working documents– law enforcement documents – documents to which secrecy provisions apply – section 104ZZA Corrections Act
Decision information
Date of decision: 3 May 2019 Applicant: ‘AC7’ Agency: Department of Justice and Community Safety (DJCS) Citation: 'AC7' and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 25 (3 May 2019) Headnote: FREEDOM OF INFORMATION – prisoner – clinical assessment in prison – Specialised Offender Assessment and Treatment Service (SOATS) – internal working documents– law enforcement documents – documents to which secrecy provisions apply – section 104ZZA Corrections Act Sections in the FOI Act: 30, 31(1)(a), 33(1), 38 Download this file: AC7 and Department of Justice and Community Safety Freedom of Information 2019 VICmr 25 3 May 2019 1 - PDF (214 KB)