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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‘AH8′ and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 71 (30 July 2019)
FREEDOM OF INFORMATION – Corrections Act 1986 (Vic) – correctional services – security rating assessment – Initial Security Rating Form
Decision information
Date of decision: 30 July 2019 Applicant: 'AH8' Agency: Department of Justice and Community Safety (DJCS) Citation: ‘AH8' and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 71 (30 July 2019) Headnote: FREEDOM OF INFORMATION – Corrections Act 1986 (Vic) – correctional services – security rating assessment – Initial Security Rating Form Sections in the FOI Act: 31(1)(d), 33(1), 38 Download this file: ‘AH8 and Department of Justice and Community Safety Freedom of Information 2019 VICmr 71 30 July 2019 - PDF (191 KB) -
‘AH7’ and VicRoads (Freedom of Information) [2019] VICmr 70 (26 July 2019)
FREEDOM OF INFORMATION – agency engaged in trade or commerce – information of a business, commercial or financial nature – compensation valuation report – compulsory acquisition of land
Decision information
Date of decision: 26 July 2019 Applicant: 'AH7' Agency: Citation: 'AH7' and VicRoads (Freedom of Information) [2019] VICmr 70 (26 July 2019) Headnote: FREEDOM OF INFORMATION – agency engaged in trade or commerce – information of a business, commercial or financial nature – compensation valuation report – compulsory acquisition of land Sections in the FOI Act: 34(1)(b), 34(4)(a)(ii) Download this file: AH7 and VicRoads Freedom of Information 2019 VICmr 70 26 July 2019 - PDF (394 KB) -
‘AH6’ and Victoria Police (Freedom of Information) [2019] VICmr 69 (25 July 2019)
FREEDOM OF INFORMATION – Law Enforcement Assistance Program (LEAP) – LEAP Incident Report – police investigation – personal affairs information of third parties
Decision information
Date of decision: 25 July 2019 Applicant: 'AH6' Agency: Victoria Police Citation: 'AH6' and Victoria Police (Freedom of Information) [2019] VICmr 69 (25 July 2019) Headnote: FREEDOM OF INFORMATION – Law Enforcement Assistance Program (LEAP) – LEAP Incident Report – police investigation – personal affairs information of third parties Sections in the FOI Act: 33(1) Download this file: AH6 and Victoria Police Freedom of Information 2019 VICmr 69 25 July 2019 - PDF (178 KB) -
‘AH5’ and Barwon Health (Freedom of Information) [2019] VICmr 68 (23 July 2019)
FREEDOM OF INFORMATION – medical records – deceased individual – next-of-kin’s views – testamentary capacity
Decision information
Date of decision: 23 July 2019 Applicant: 'AH5' Agency: Barwon Health Citation: 'AH5' and Barwon Health (Freedom of Information) [2019] VICmr 68 (23 July 2019) Headnote: FREEDOM OF INFORMATION – medical records – deceased individual – next-of-kin’s views – testamentary capacity Sections in the FOI Act: 33(1) Download this file: AH5 and Barwon Health Freedom of Information 2019 VICmr 68 23 July 2019 - PDF (165 KB) -
‘AH4’ and Department of Jobs, Precincts and Regions (Freedom of Information) [2019] VICmr 67 (23 July 2019)
FREEDOM OF INFORMATION – wildlife management – environmental controls
Decision information
Date of decision: 23 July 2019 Applicant: 'AH4' Agency: Citation: 'AH4' and Department of Jobs, Precincts and Regions (Freedom of Information) [2019] VICmr 67 (23 July 2019) Headnote: FREEDOM OF INFORMATION – wildlife management – environmental controls Sections in the FOI Act: 25, 30, 33(1), 34(1)(b) Download this file: AH4 and Department of Jobs Precincts and Regions Freedom of Information 2019 VICmr 67 23 July 2019 - PDF (628 KB) -
‘AH3’ and Victoria Police (Freedom of Information) [2019] VICmr 66 (19 July 2019)
FREEDOM OF INFORMATION – neither confirm nor deny the existence of documents – disclosure would prejudice investigation or prejudice enforcement or administration of the law
Decision information
Date of decision: 19 July 2019 Applicant: 'AH3' Agency: Victoria Police Citation: 'AH3' and Victoria Police (Freedom of Information) [2019] VICmr 66 (19 July 2019) Headnote: FREEDOM OF INFORMATION – neither confirm nor deny the existence of documents – disclosure would prejudice investigation or prejudice enforcement or administration of the law Sections in the FOI Act: 31(1)(a), Section 27(2) Download this file: AH3 and Victoria Police Freedom of Information 2019 VICmr 66 19 July 2019 - PDF (169 KB) -
‘AH2’ and Austin Health (Freedom of Information) [2019] VICmr 65 (18 July 2019)
FREEDOM OF INFORMATION – recruitment process documents – internal working documents – public interest considerations
Decision information
Date of decision: 18 July 2019 Applicant: 'AH2' Agency: Austin Health Citation: 'AH2' and Austin Health (Freedom of Information) [2019] VICmr 65 (18 July 2019) Headnote: FREEDOM OF INFORMATION – recruitment process documents – internal working documents – public interest considerations Sections in the FOI Act: 30 Download this file: AH2 and Austin Health Freedom of Information 2019 VICmr 65 18 July 2019 - PDF (246 KB) -
‘AH1’ and Department of Education and Training (Freedom of Information) [2019] VICmr 64 (16 July 2019)
FREEDOM OF INFORMATION – Cabinet in confidence – document prepared for the purpose of a submission to Cabinet
Decision information
Date of decision: 16 July 2019 Applicant: 'AH1' Agency: Citation: 'AH1' and Department of Education and Training (Freedom of Information) [2019] VICmr 64 (16 July 2019) Headnote: FREEDOM OF INFORMATION – Cabinet in confidence – document prepared for the purpose of a submission to Cabinet Sections in the FOI Act: 28(1)(b) Download this file: AH1 and Department of Education and Training Freedom of Information 2019 VICmr 64 16 July 2019 - PDF (179 KB) -
‘AG8’ and Victoria Police (Freedom of Information) [2019] VICmr 62 (12 July 2019)
FREEDOM OF INFORMATION – Law Enforcement Assistance Program (LEAP) audit – substantial and unreasonable diversion of Agency resources from its other operations
Decision information
Date of decision: 12 July 2019 Applicant: 'AG8' Agency: Victoria Police Citation: 'AG8’ and Victoria Police (Freedom of Information) [2019] VICmr 62 Headnote: FREEDOM OF INFORMATION – Law Enforcement Assistance Program (LEAP) audit – substantial and unreasonable diversion of Agency resources from its other operations Sections in the FOI Act: 25A(1) Download this file: ‘AG8’ and Victoria Police Freedom of Information 2019 VICmr 62 12 July 2019 - PDF (224 KB) -
‘AG9’ and Victoria Police (Freedom of Information) [2019] VICmr 63 (12 July 2019)
FREEDOM OF INFORMATION – CCTV footage – personal affairs information – police records – evidence gathered during police investigation – practicability to edit – section 25
Decision information
Date of decision: 12 July 2019 Applicant: 'AG9' Agency: Victoria Police Citation: 'AG9' and Victoria Police (Freedom of Information) [2019] VICmr 63 (12 July 2019) Headnote: FREEDOM OF INFORMATION – CCTV footage – personal affairs information – police records – evidence gathered during police investigation – practicability to edit – section 25 Sections in the FOI Act: 33(1) Download this file: AG9 and Victoria Police Freedom of Information 2019 VICmr 63 12 July 2019 - PDF (184 KB) -
‘AG7’ and Victoria Police (Freedom of Information) [2019] VICmr 61 (11 July 2019)
FREEDOM OF INFORMATION – LEAP – Law Enforcement Assistance Program – irrelevant information – personal affairs information
Decision information
Date of decision: 11 July 2019 Applicant: 'AG7' Agency: Victoria Police Citation: 'AG7' and Victoria Police (Freedom of Information) [2019] VICmr 61 (11 July 2019) Headnote: FREEDOM OF INFORMATION – LEAP – Law Enforcement Assistance Program – irrelevant information – personal affairs information Sections in the FOI Act: 33(1) Download this file: AG7 and Victoria Police Freedom of Information 2019 VICmr 61 11 July 2019 - PDF (251 KB) -
‘AG6’ and Merit Protection Boards (Freedom of Information) [2019] VICmr 60 (10 July 2019)
FREEDOM OF INFORMATION – substantial and unreasonable diversion of resources
Decision information
Date of decision: 10 July 2019 Applicant: 'AG6' Agency: Merit Protection Boards Citation: 'AG6' and Merit Protection Boards (Freedom of Information) [2019] VICmr 60 (10 July 2019) Headnote: FREEDOM OF INFORMATION – substantial and unreasonable diversion of resources Sections in the FOI Act: 25A(1) Download this file: AG6 and Merit Protection Boards Freedom of Information 2019 VICmr 60 10 July 2019 - PDF (193 KB) -
‘AG5’ and Victoria Police (Freedom of Information) [2019] VICmr 59 (5 July 2019)
FREEDOM OF INFORMATION – police records – motor vehicle accident – Electronic Patrol Duty Return – ePDR -handwritten notes of attending police members – Traffic Incident System database notes – irrelevant information – personal affairs information
Decision information
Date of decision: 5 July 2019 Applicant: 'AG5' Agency: Victoria Police Citation: 'AG5' and Victoria Police (Freedom of Information) [2019] VICmr 59 (5 July 2019) Headnote: FREEDOM OF INFORMATION – police records – motor vehicle accident – Electronic Patrol Duty Return – ePDR –handwritten notes of attending police members – Traffic Incident System database notes – irrelevant information – personal affairs information Sections in the FOI Act: 33(1) Download this file: AG5 and Victoria Police Freedom of Information 2019 VICmr 59 5 July 2019 - PDF (228 KB)