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.
-
‘AJ7’ and Eastern Health (Freedom of Information) [2019] VICmr 88 (30 August 2019)
FREEDOM OF INFORMATION – medical records – personal affairs information of a third party – information provided in confidence by third parties
Decision information
Date of decision: 30 August 2019 Applicant: 'AJ7' Agency: Eastern Health Citation: 'AJ7' and Eastern Health (Freedom of Information) [2019] VICmr 88 (30 August 2019) Headnote: FREEDOM OF INFORMATION – medical records – personal affairs information of a third party – information provided in confidence by third parties Sections in the FOI Act: 33(1), 35(1)(b) Download this file: AJ7 and Eastern Health Freedom of Information 2019 VICmr 88 30 August 2019 - PDF (174 KB) -
‘AJ8’ and Department of Health and Human Services (Freedom of Information) [2019] VICmr 89 (30 August 2019)
FREEDOM OF INFORMATION – business case – Cabinet in confidence – document prepared for the purpose of submission for consideration by the Cabinet
Decision information
Date of decision: 30 August 2019 Applicant: 'AJ8' Agency: Citation: 'AJ8' and Department of Health and Human Services (Freedom of Information) [2019] VICmr 89 (30 August 2019) Headnote: FREEDOM OF INFORMATION – business case – Cabinet in confidence – document prepared for the purpose of submission for consideration by the Cabinet Sections in the FOI Act: 28(1)(b) Download this file: AJ8 and Department of Health and Human Services Freedom of Information 2019 VICmr 89 30 August 2019 - PDF (172 KB) -
‘AJ6’ and Emergency Services Telecommunications Authority (Freedom of Information) [2019] VICmr 87 (23 August 2019)
FREEDOM OF INFORMATION – triple zero call – confidential information – applicable secrecy provision
Decision information
Date of decision: 23 August 2019 Applicant: 'AJ6' Agency: Emergency Services Telecommunications Authority Citation: 'AJ6' and Emergency Services Telecommunications Authority (Freedom of Information) [2019] VICmr 87 (23 August 2019) Headnote: FREEDOM OF INFORMATION – triple zero call – confidential information – applicable secrecy provision Sections in the FOI Act: 38 Download this file: AJ6 and Emergency Services Telecommunications Authority Freedom of Information 2019 VICmr 87 23 August 2019 - PDF (229 KB) -
‘AJ4’ and Victorian WorkCover Authority (Freedom of Information) [2019] VICmr 85 (22 August 2019)
FREEDOM OF INFORMATION – CCTV footage – witness statement – photographs – workplace – personal affairs information – unreasonable disclosure
Decision information
Date of decision: 22 August 2019 Applicant: 'AJ4' Agency: Victorian WorkCover Authority (t/a WorkSafe) Citation: ‘AJ4’ and Victorian WorkCover Authority (Freedom of Information) [2019] VICmr 85 (22 August 2019) Headnote: FREEDOM OF INFORMATION – CCTV footage – witness statement – photographs – workplace – personal affairs information – unreasonable disclosure Sections in the FOI Act: 33(1) Download this file: ‘AJ4’ and Victorian WorkCover Authority Freedom of Information 2019 VICmr 85 22 August 2019 - PDF (476 KB) -
‘AJ5’ and Victoria Police (Freedom of Information) [2019] VICmr 86 (22 August 2019)
FREEDOM OF INFORMATION – application for registration – recruitment – internal working documents – public interest considerations
Decision information
Date of decision: 22 August 2019 Applicant: 'AJ5' Agency: Victoria Police Citation: ‘AJ5’ and Victoria Police (Freedom of Information) [2019] VICmr 86 (22 August 2019) Headnote: FREEDOM OF INFORMATION – application for registration – recruitment – internal working documents – public interest considerations Sections in the FOI Act: 30 Download this file: ‘AJ5’ and Victoria Police Freedom of Information 2019 VICmr 86 22 August 2019 - PDF (188 KB) -
‘AJ3’ and The Royal Children’s Hospital (Freedom of Information) [2019] VICmr 84 (22 August 2019)
FREEDOM OF INFORMATION – CCTV footage – hospital – patient – hospital staff – unreasonable disclosure of personal affairs information – secrecy provision
Decision information
Date of decision: 22 August 2019 Applicant: 'AJ3' Agency: Royal Children’s Hospital Citation: ‘AJ3’ and The Royal Children's Hospital (Freedom of Information) [2019] VICmr 84 (22 August 2019) Headnote: FREEDOM OF INFORMATION – CCTV footage – hospital – patient – hospital staff – unreasonable disclosure of personal affairs information – secrecy provision Sections in the FOI Act: 33(1), 38 Download this file: ‘AJ3’ and The Royal Childrens Hospital Freedom of Information 2019 VICmr 84 22 August 2019 - PDF (201 KB) -
‘AJ2’ and Department of Health and Human Services (Freedom of Information) [2019] VICmr 83 (20 August 2019)
FREEDOM OF INFORMATION – wardship records – ward of state file – care leaver records – personal affairs information relating to siblings – personal affairs information relating to deceased parents – secrecy provision
Decision information
Date of decision: 20 August 2019 Applicant: 'AJ2' Agency: Citation: 'AJ2' and Department of Health and Human Services (Freedom of Information) [2019] VICmr 83 (20 August 2019) Headnote: FREEDOM OF INFORMATION – wardship records – ward of state file – care leaver records – personal affairs information relating to siblings – personal affairs information relating to deceased parents – secrecy provision Sections in the FOI Act: 33(1), 38 Download this file: AJ2 and Department of Health and Human Services Freedom of Information 2019 VICmr 83 20 August 2019 - PDF (188 KB) -
‘AJ1’ and Department of Health and Human Services (Freedom of Information) [2019] VICmr 82 (19 August 2019)
FREEDOM OF INFORMATION – Child Protection documents – refusal to process request on grounds all documents would be exempt – prejudice proper administration of the law – prohibited disclosure of confidential information – secrecy provision
Decision information
Date of decision: 19 August 2019 Applicant: 'AJ1' Agency: Citation: ‘AJ1’ and Department of Health and Human Services (Freedom of Information) [2019] VICmr 82 (19 August 2019) Headnote: FREEDOM OF INFORMATION – Child Protection documents – refusal to process request on grounds all documents would be exempt – prejudice proper administration of the law – prohibited disclosure of confidential information – secrecy provision Sections in the FOI Act: 25A(5), 31(1)(a), 38 Download this file: ‘AJ1’ and Department of Health and Human Services Freedom of Information 2019 VICmr 82 19 August 2019 - PDF (200 KB) -
‘AI9’ and Yarra City Council (Freedom of Information) [2019] VICmr 81 (19 August 2019)
FREEDOM OF INFORMATION – council documents – planning applications – personal affairs information of agency officers
Decision information
Date of decision: 19 August 2019 Applicant: 'AI9' Agency: Yarra City Council Citation: ‘AI9’ and Yarra City Council (Freedom of Information) [2019] VICmr 81 (19 August 2019) Headnote: FREEDOM OF INFORMATION – council documents – planning applications – personal affairs information of agency officers Sections in the FOI Act: 33(1) Download this file: ‘AI9’ and Yarra City Council Freedom of Information 2019 VICmr 81 19 August 2019 - PDF (635 KB) -
‘AI8’ and Manningham City Council (Freedom of Information) [2019] VICmr 80 (16 August 2019)
FREEDOM OF INFORMATION – complaint to local council – personal affairs information relating to a complainant – unreasonable disclosure – information communicated in confidence – contrary to the public interest – disclosure would be reasonably likely to impair the ability of the agency to obtain similar information in the future
Decision information
Date of decision: 16 August 2019 Applicant: 'AI8' Agency: Manningham City Council Citation: 'AI8' and Manningham City Council (Freedom of Information) [2019] VICmr 80 (16 August 2019) Headnote: FREEDOM OF INFORMATION – complaint to local council – personal affairs information relating to a complainant – unreasonable disclosure – information communicated in confidence – contrary to the public interest – disclosure would be reasonably likely to impair the ability of the agency to obtain similar information in the future Sections in the FOI Act: 33(1), 35(1)(b) Download this file: AI8 and Manningham City Council Freedom of Information 2019 VICmr 80 16 August 2019 - PDF (1 MB) -
‘AI7’ and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 79 (16 August 2019)
FREEDOM OF INFORMATION – Corrections Victoria – case notes – personal and confidential information – information identifying a third party – exception to prohibition on disclosure
Decision information
Date of decision: 16 August 2019 Applicant: 'AI7' Agency: Department of Justice and Community Safety (DJCS) Citation: 'AI7' and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 79 (16 August 2019) Headnote: FREEDOM OF INFORMATION – Corrections Victoria – case notes – personal and confidential information – information identifying a third party – exception to prohibition on disclosure Sections in the FOI Act: 38 Download this file: AI7 and Department of Justice and Community Safety Freedom of Information 2019 VICmr 79 16 August 2019 - PDF (174 KB) -
‘AI6’ and Greater Shepparton City Council (Freedom of Information) [2019] VICmr 78 (16 August 2019)
FREEDOM OF INFORMATION – emails– non-executive agency officers – planning applications
Decision information
Date of decision: 15 August 2019 Applicant: 'AI6' Agency: Greater Shepparton City Council Citation: 'AI6' and Greater Shepparton City Council (Freedom of Information) [2019] VICmr 78 (16 August 2019) Headnote: FREEDOM OF INFORMATION – emails– non-executive agency officers – planning applications Sections in the FOI Act: 33(1) Download this file: AI6 and Greater Shepparton City Council Freedom of Information 2019 VICmr 78 16 August 2019 - PDF (192 KB) -
‘AI4’ and Victorian Building Authority (Freedom of Information) [2019] VICmr 76 (9 August 2019)
FREEDOM OF INFORMATION – building permit – building plans – neighbourhood dispute – complaint –personal affairs information
Decision information
Date of decision: 9 August 2019 Applicant: 'AI4' Agency: Victorian Building Authority Citation: ‘AI4’ and Victorian Building Authority (Freedom of Information) [2019] VICmr 76 (9 August 2019) Headnote: FREEDOM OF INFORMATION – building permit – building plans – neighbourhood dispute – complaint –personal affairs information Sections in the FOI Act: 33(1) Download this file: ‘AI4’ and Victorian Building Authority Freedom of Information 2019 VICmr 76 9 August 2019 - PDF (683 KB) -
‘AI5’ and City of Stonnington (Freedom of Information) [2019] VICmr 77 (9 August 2019)
FREEDOM OF INFORMATION – commercially sensitive information – service pricing – invoices
Decision information
Date of decision: 9 August 2019 Applicant: 'AI5' Agency: City of Stonnington Citation: ‘AI5’ and City of Stonnington (Freedom of Information) [2019] VICmr 77 (9 August 2019) Headnote: FREEDOM OF INFORMATION – commercially sensitive information – service pricing – invoices Sections in the FOI Act: 34(1)(a), 34(1)(b) Download this file: ‘AI5’ and City of Stonnington Freedom of Information 2019 VICmr 77 9 August 2019 - PDF (511 KB) -
‘AI3’ and Victoria Police (Freedom of Information) [2019] VICmr 75 (7 August 2019)
FREEDOM OF INFORMATION – police notes – handwritten notes of attending police members – personal affairs information – unreasonableness
Decision information
Date of decision: 7 August 2019 Applicant: 'AI3' Agency: Victoria Police Citation: 'AI3' and Victoria Police (Freedom of Information) [2019] VICmr 75 (7 August 2019) Headnote: FREEDOM OF INFORMATION – police notes – handwritten notes of attending police members – personal affairs information – unreasonableness Sections in the FOI Act: 33(1) Download this file: AI3 and Victoria Police Freedom of Information 2019 VICmr 75 7 August 2019 - PDF (182 KB) -
‘AI2′ and Victoria Police (Freedom of Information) [2019] VICmr 74 (2 August 2019)
FREEDOM OF INFORMATION – Triple zero call – 000 – welfare check – Electronic Patrol Duty Return (ePDR) form – event chronology – confidential information – secrecy provision – Emergency Services Telecommunications Authority Act 2004 (Vic) – ESTA Act
Decision information
Date of decision: 2 August 2019 Applicant: 'AI2' Agency: Victoria Police Citation: ‘AI2' and Victoria Police (Freedom of Information) [2019] VICmr 74 (2 August 2019) Headnote: FREEDOM OF INFORMATION – Triple zero call – 000 – welfare check – Electronic Patrol Duty Return (ePDR) form – event chronology – confidential information – secrecy provision – Emergency Services Telecommunications Authority Act 2004 (Vic) – ESTA Act Sections in the FOI Act: 38 Download this file: ‘AI2 and Victoria Police Freedom of Information 2019 VICmr 74 2 August 2019 - PDF (345 KB) -
‘AI1′ and Eastern Health (Freedom of Information) [2019] VICmr 73 (1 August 2019)
FREEDOM OF INFORMATION – third party’s medical records – documents affecting personal privacy of third parties – material obtained in confidence from third parties
Decision information
Date of decision: 1 August 2019 Applicant: 'AI1' Agency: Eastern Health Citation: ‘AI1' and Eastern Health (Freedom of Information) [2019] VICmr 73 (1 August 2019) Headnote: FREEDOM OF INFORMATION – third party’s medical records – documents affecting personal privacy of third parties – material obtained in confidence from third parties Sections in the FOI Act: 33(1), 35(1)(b) Download this file: ‘AI1 and Eastern Health Freedom of Information 2019 VICmr 73 1 August 2019 - PDF (1 MB) -
‘AH9′ and Department of Health and Human Services (Freedom of Information) [2019] VICmr 72 (1 August 2019)
FREEDOM OF INFORMATION – Child Protection documents – refusal to process request on grounds all documents, should they exist, would be exempt – disclosure would prejudice proper administration of the law – prohibited disclosure of confidential information – Children, Youth and Families Act 2005 (Vic)
Decision information
Date of decision: 1 August 2019 Applicant: 'AH9' Agency: Citation: 'AH9' and Department of Health and Human Services (Freedom of Information) [2019] VICmr 72 (1 August 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 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)(c), 31(1)(a), 33(1), 38, 35(1)(b) Download this file: ‘AH9 and Department of Health and Human Services Freedom of Information 2019 VICmr 72 1 August 2019 - PDF (218 KB)