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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‘AG4’ and Melbourne Health (Freedom of Information) [2019] VICmr 58 (28 June 2019)
FREEDOM OF INFORMATION – request for amendment – medical record – alert – misleading impression – misleading statement – information in the nature of opinion
Decision information
Date of decision: 28 June 2019 Applicant: 'AG4' Agency: Melbourne Health Citation: 'AG4' and Melbourne Health (Freedom of Information) [2019] VICmr 58 (28 June 2019) Headnote: FREEDOM OF INFORMATION – request for amendment – medical record – alert – misleading impression – misleading statement – information in the nature of opinion Sections in the FOI Act: 39 Download this file: AG4 and Melbourne Health Freedom of Information 2019 VICmr 58 28 June 2019 - PDF (326 KB) -
‘AG2’ and Department of Education (Freedom of Information) [2019] VICmr 56 (25 June 2019)
FREEDOM OF INFORMATION – internal working documents – irrelevant information – personal affairs information
Decision information
Date of decision: 25 June 2019 Applicant: 'AG2' Agency: Citation: 'AG2' and Department of Education (Freedom of Information) [2019] VICmr 56 (25 June 2019) Headnote: FREEDOM OF INFORMATION – internal working documents – irrelevant information – personal affairs information Sections in the FOI Act: 30, 33(1) Download this file: AG2 and Department of Education Freedom of Information 2019 VICmr 56 25 June 2019 - PDF (236 KB) -
‘AG1’ and Game Management Authority (Freedom of Information) [2019] VICmr 55 (25 June 2019)
FREEDOM OF INFORMATION – documents relating to recommendations made about the 2019 duck shooting season – whether release of advice in the document would be contrary to the public interest – whether release of report writers names is unreasonable – whether release of information about agency staff member preparing brief is unreasonable
Decision information
Date of decision: 25 June 2019 Applicant: 'AG1' Agency: Game Management Authority Citation: 'AG1' and Game Management Authority (Freedom of Information) [2019] VICmr 55 (25 June 2019) Headnote: FREEDOM OF INFORMATION – documents relating to recommendations made about the 2019 duck shooting season – whether release of advice in the document would be contrary to the public interest – whether release of report writers names is unreasonable – whether release of information about agency staff member preparing brief is unreasonable Sections in the FOI Act: 30, 33(1) Download this file: AG1 and Game Management Authority Freedom of Information 2019 VICmr 55 25 June 2019 - PDF (431 KB) -
‘AG3’ and City of Stonnington (Freedom of Information) [2019] VICmr 57 (25 June 2019)
FREEDOM OF INFORMATION – tender process – commercially sensitive information – unreasonable disadvantage to an undertaking
Decision information
Date of decision: 25 June 2019 Applicant: 'AG3' Agency: City of Stonnington Citation: 'AG3' and City of Stonnington (Freedom of Information) [2019] VICmr 57 (25 June 2019) Headnote: FREEDOM OF INFORMATION – tender process – commercially sensitive information – unreasonable disadvantage to an undertaking Sections in the FOI Act: 33(1), 34(1)(b) Download this file: AG3 and City of Stonnington Freedom of Information 2019 VICmr 57 25 June 2019 - PDF (567 KB) -
‘AF9’ and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 54 (20 June 2019)
FREEDOM OF INFORMATION – register of exempt businesses under Sex Work Act 1994 – whether release would breach a statutory secrecy provision – whether release of small datasets could reasonably identify individuals – whether release of information which identifies sex workers would be unreasonable
Decision information
Date of decision: 20 June 2019 Applicant: 'AF9' Agency: Citation: 'AF9' and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 54 (20 June 2019) Headnote: FREEDOM OF INFORMATION – register of exempt businesses under Sex Work Act 1994 – whether release would breach a statutory secrecy provision – whether release of small datasets could reasonably identify individuals – whether release of information which identifies sex workers would be unreasonable Sections in the FOI Act: 30, 31(1)(a), 33(1), 35(1)(b), 38 Download this file: AF9 and Department of Justice and Community Safety Freedom of Information 2019 VICmr 54 - PDF (325 KB) -
‘AF7’ and VicRoads (Freedom of Information) [2019] VICmr 52 (13 June 2019)
FREEDOM OF INFORMATION – car registration information – vehicle registration and identification system (VRIS) – dealer online vehicle registration form – documents to which a secrecy provision applies – Road Safety Act 1986 (Vic)
Decision information
Date of decision: 13 June 2019 Applicant: 'AF7' Agency: Citation: 'AF7' and VicRoads (Freedom of Information) [2019] VICmr 52 (13 June 2019) Headnote: FREEDOM OF INFORMATION – car registration information – vehicle registration and identification system (VRIS) – dealer online vehicle registration form – documents to which a secrecy provision applies – Road Safety Act 1986 (Vic) Sections in the FOI Act: 38 Download this file: AF7 and VicRoads Freedom of Information 2019 VICmr 52 13 June 2019 1 - PDF (178 KB) -
‘AF8’ and Monash University (Freedom of Information) [2019] VICmr 53 (13 June 2019)
FREEDOM OF INFORMATION – investigation into alleged student misconduct – internal working documents – information communicated in confidence
Decision information
Date of decision: 13 June 2019 Applicant: 'AF8' Agency: Monash University Citation: 'AF8' and Monash University (Freedom of Information) [2019] VICmr 53 (13 June 2019) Headnote: FREEDOM OF INFORMATION – investigation into alleged student misconduct – internal working documents – information communicated in confidence Sections in the FOI Act: 30, 35(1)(b) Download this file: AF8 and Monash University Freedom of Information 2019 VICmr 53 13 June 2019 - PDF (1 MB) -
‘AF6’ and Victoria Police (Freedom of Information) [2019] VICmr 51 (6 June 2019)
FREEDOM OF INFORMATION – Victoria Police – Electronic Patrol Duty Return (ePDR) form – documents affecting personal privacy
Decision information
Date of decision: 7 June 2019 Applicant: 'AF6' Agency: Victoria Police Citation: 'AF6' and Victoria Police (Freedom of Information) [2019] VICmr 51 (6 June 2019) Headnote: FREEDOM OF INFORMATION – Victoria Police – Electronic Patrol Duty Return (ePDR) form – documents affecting personal privacy Sections in the FOI Act: 33(1) Download this file: AF6 and Victoria Police Freedom of Information 2019 VICmr 51 6 June 2019 - PDF (180 KB) -
‘AF4’ and Victoria Police (Freedom of Information) [2019] VICmr 49 (6 June 2019)
FREEDOM OF INFORMATION – police investigation into possible offences – police records – LEAP records – investigation report – child abuse allegations – law enforcement documents
Decision information
Date of decision: 6 June 2019 Applicant: 'AF4' Agency: Victoria Police Citation: 'AF4' and Victoria Police (Freedom of Information) [2019] VICmr 49 (6 June 2019) Headnote: FREEDOM OF INFORMATION – police investigation into possible offences – police records – LEAP records – investigation report – child abuse allegations – law enforcement documents Sections in the FOI Act: 31(1)(d) Download this file: AF4 and Victoria Police Freedom of Information 2019 VICmr 49 6 June 2019 - PDF (209 KB) -
‘AF5’ and Department of Health and Human Services (Freedom of Information) [2019] VICmr 50 (6 June 2019)
FREEDOM OF INFORMATION – child protection – case note – personal information – Children, Youth and Families Act 2005 – internal working document – personal privacy – material obtained in confidence
Decision information
Date of decision: 6 June 2019 Applicant: 'AF5' Agency: Citation: ‘AF5’ and Department of Health and Human Services (Freedom of Information) [2019] VICmr 50 (6 June 2019) Headnote: FREEDOM OF INFORMATION – child protection – case note – personal information – Children, Youth and Families Act 2005 – internal working document – personal privacy – material obtained in confidence Sections in the FOI Act: 30, 33(1), 35(1)(b) Download this file: ‘AF5’ and Department of Health and Human Services Freedom of Information 2019 VICmr 50 6 June 2019 - PDF (399 KB)