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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No Sky Rail on Frankston Line Incorporated and Major Transport Infrastructure Authority (Freedom of Information) [2019] VICmr 153 (31 October 2019)
FREEDOM OF INFORMATION – Sky Rail – environmental impact assessment – preliminary or draft report – research methodology – noise assessment
Decision information
Date of decision: 31 October 2019 Applicant: No Sky Rail on Frankston Line Incorporated Agency: Major Transport Infrastructure Authority Citation: No Sky Rail on Frankston Line Incorporated and Major Transport Infrastructure Authority (Freedom of Information) [2019] VICmr 153 (31 October 2019) Headnote: FREEDOM OF INFORMATION – Sky Rail – environmental impact assessment – preliminary or draft report – research methodology – noise assessment Sections in the FOI Act: 30, 33(1) Download this file: No Sky Rail on Frankston Line Incorporated and Major Transport Infrastructure Authority Freedom of Information 2019 VICmr 153 31 October 2019 - PDF (323 KB) -
‘AQ8’ and Department of Education and Training (Freedom of Information) [2019] VICmr 152 (30 October 2019)
FREEDOM OF INFORMATION – personal affairs information – refusal to process request on grounds all documents would be exempt – school photographs, reports and journals – unreasonable disclosure
Decision information
Date of decision: 30 October 2019 Applicant: 'AQ8' Agency: Citation: 'AQ8' and Department of Education and Training (Freedom of Information) [2019] VICmr 152 (30 October 2019) Headnote: FREEDOM OF INFORMATION – personal affairs information – refusal to process request on grounds all documents would be exempt – school photographs, reports and journals – unreasonable disclosure Sections in the FOI Act: 25A(5), 33(1) Download this file: AQ8 and Department of Education and Training Freedom of Information 2019 VICmr 152 30 October 2019 - PDF (190 KB) -
‘AQ7’ and Department of Health and Human Services (Freedom of Information) [2019] VICmr 151 (29 October 2019)
FREEDOM OF INFORMATION – substantial and unreasonable diversion of Agency resources from its other operations – complaints
Decision information
Date of decision: 29 October 2019 Applicant: 'AQ7' Agency: Citation: 'AQ7' and Department of Health and Human Services (Freedom of Information) [2019] VICmr 151 (29 October 2019) Headnote: FREEDOM OF INFORMATION – substantial and unreasonable diversion of Agency resources from its other operations – complaints Sections in the FOI Act: 25A(1) Download this file: AQ7 and Department of Health and Human Services Freedom of Information 2019 VICmr 151 29 October 2019 - PDF (208 KB) -
‘AQ6’ and Victoria Police (Freedom of Information) [2019] VICmr 150 (28 October 2019)
FREEDOM OF INFORMATION – police records – witness statements – brief of evidence – personal affairs information – information obtained in confidence
Decision information
Date of decision: 28 October 2019 Applicant: 'AQ6' Agency: Victoria Police Citation: 'AQ6' and Victoria Police (Freedom of Information) [2019] VICmr 150 (28 October 2019) Headnote: FREEDOM OF INFORMATION – police records – witness statements – brief of evidence – personal affairs information – information obtained in confidence Sections in the FOI Act: 33(1), 35(1)(b) Download this file: AQ6 and Victoria Police Freedom of Information 2019 VICmr 150 28 October 2019 - PDF (365 KB) -
‘AQ5′ and Court Services Victoria (Freedom of Information) [2019] VICmr 149 (25 October 2019)
FREEDOM OF INFORMATION – personal affairs information – CCTV footage – court premises – refusal to process request on grounds all documents would be exempt – law enforcement documents – disclose methods or procedures for preventing, investigating, detecting or dealing with matters
Decision information
Date of decision: 25 October 2019 Applicant: 'AQ5' Agency: Court Services Victoria Citation: ‘AQ5' and Court Services Victoria (Freedom of Information) [2019] VICmr 149 (25 October 2019) Headnote: FREEDOM OF INFORMATION – personal affairs information – CCTV footage – court premises – refusal to process request on grounds all documents would be exempt – law enforcement documents – disclose methods or procedures for preventing, investigating, detecting or dealing with matters Sections in the FOI Act: 25A(5), 33(1), 31(1)(d) Download this file: ‘AQ5 and Court Services Victoria Freedom of Information 2019 VICmr 149 25 October 2019 - PDF (206 KB) -
‘AQ2’ and Victoria Police (Freedom of Information) [2019] VICmr 146 (24 October 2019)
FREEDOM OF INFORMATION – law enforcement documents – prejudice the enforcement or proper administration of the law in a particular instance – arrest warrant – open police investigation – documents containing material obtained in confidence – witness statements – secrecy provision – personal affairs information
Decision information
Date of decision: 24 October 2019 Applicant: 'AQ2' Agency: Victoria Police Citation: 'AQ2' and Victoria Police (Freedom of Information) [2019] VICmr 146 (24 October 2019) Headnote: FREEDOM OF INFORMATION – law enforcement documents – prejudice the enforcement or proper administration of the law in a particular instance – arrest warrant – open police investigation – documents containing material obtained in confidence – witness statements – secrecy provision – personal affairs information Sections in the FOI Act: 31(1)(a), 33(1), 35(1)(b), 38 Download this file: AQ2 and Victoria Police Freedom of Information 2019 VICmr 146 24 October 2019 - PDF (834 KB) -
‘AQ4’ and Department of Health and Human Services (Freedom of Information) [2019] VICmr 148 (24 October 2019)
FREEDOM OF INFORMATION – request for amendment – telephone call note – misleading impression – misleading statement – information in the nature of opinion
Decision information
Date of decision: 24 October 2019 Applicant: 'AQ4' Agency: Citation: ‘AQ4’ and Department of Health and Human Services (Freedom of Information) [2019] VICmr 148 (24 October 2019) Headnote: FREEDOM OF INFORMATION – request for amendment – telephone call note – misleading impression – misleading statement – information in the nature of opinion Sections in the FOI Act: 39 Download this file: ‘AQ4’ and Department of Health and Human Services Freedom of Information 2019 VICmr 148 24 October 2019 - PDF (176 KB) -
‘AQ3’ and Health Complaints Commissioner (Freedom of Information) [2019] VICmr 147 (24 October 2019)
FREEDOM OF INFORMATION – Health Complaints Commissioner – complaint resolution process – complaint made under the Health Complaints Act 2016 (Vic) – prohibition on disclosure of complaint handling and conciliation documents – secrecy provision
Decision information
Date of decision: 24 October 2019 Applicant: 'AQ3' Agency: Health Complaints Commissioner Citation: 'AQ3' and Health Complaints Commissioner (Freedom of Information) [2019] VICmr 147 (24 October 2019) Headnote: FREEDOM OF INFORMATION – Health Complaints Commissioner – complaint resolution process – complaint made under the Health Complaints Act 2016 (Vic) – prohibition on disclosure of complaint handling and conciliation documents – secrecy provision Sections in the FOI Act: 30, 33(1), 35(1)(b), 38 Download this file: AQ3 and Health Complaints Commissioner Freedom of Information 2019 VICmr 147 24 October 2019 - PDF (1 MB) -
‘AQ1’ and Department of Environment, Land, Water and Planning (Freedom of Information) [2019] VICmr 145 (18 October 2019)
FREEDOM OF INFORMATION – wind farm – inquiry under the Environment Effects Act 1978 (Vic) – panel under the Planning and Environment Act 1987 (Vic) – internal agency communications regarding responses to inquiry and panel
Decision information
Date of decision: 18 October 2019 Applicant: 'AQ1' Agency: Citation: 'AQ1' and Department of Environment, Land, Water and Planning (Freedom of Information) [2019] VICmr 145 (18 October 2019) Headnote: FREEDOM OF INFORMATION – wind farm – inquiry under the Environment Effects Act 1978 (Vic) – panel under the Planning and Environment Act 1987 (Vic) – internal agency communications regarding responses to inquiry and panel Sections in the FOI Act: 30 Download this file: AQ1 and Department of Environment Land Water and Planning Freedom of Information 2019 VICmr 145 18 October 2019 - PDF (487 KB) -
‘AP9′ and Department of Education and Training (Freedom of Information) [2019] VICmr 144 (18 October 2019)
FREEDOM OF INFORMATION – Public Accounts and Estimates Committee inquiry – Secretary’s briefing folder – record of decision or deliberation of the Cabinet
Decision information
Date of decision: 18 October 2019 Applicant: 'AP9' Agency: Citation: ‘AP9' and Department of Education and Training (Freedom of Information) [2019] VICmr 144 (18 October 2019) Headnote: FREEDOM OF INFORMATION – Public Accounts and Estimates Committee inquiry – Secretary’s briefing folder – record of decision or deliberation of the Cabinet Sections in the FOI Act: 28(1)(d) Download this file: ‘AP9 and Department of Education and Training Freedom of Information 2019 VICmr 144 18 October 2019 - PDF (396 KB) -
‘AP8’ and Victorian Curriculum and Assessment Authority (Freedom of Information) [2019] VICmr 143 (16 October 2019)
FREEDOM OF INFORMATION – marking guide – writing component – exam – General Achievement Test (GAT) – Victorian Curriculum and Assessment Authority – secondary education
Decision information
Date of decision: 16 October 2019 Applicant: 'AP8' Agency: Victorian Curriculum and Assessment Authority Citation: 'AP8' and Victorian Curriculum and Assessment Authority (Freedom of Information) [2019] VICmr 143 (16 October 2019) Headnote: FREEDOM OF INFORMATION – marking guide – writing component – exam – General Achievement Test (GAT) – Victorian Curriculum and Assessment Authority – secondary education Sections in the FOI Act: 34(4)(c) Download this file: AP8 and Victorian Curriculum and Assessment Authority Freedom of Information 2019 VICmr 143 16 October 2019 - PDF (235 KB) -
‘AP6’ and VicRoads (Freedom of Information) [2019] VICmr 141 (11 October 2019)
FREEDOM OF INFORMATION – registration certificates – documents relating to third parties’ vehicle registration – secrecy provisions
Decision information
Date of decision: 11 October 2019 Applicant: 'AP6' Agency: Citation: 'AP6' and VicRoads (Freedom of Information) [2019] VICmr 141 (11 October 2019) Headnote: FREEDOM OF INFORMATION – registration certificates – documents relating to third parties’ vehicle registration – secrecy provisions Sections in the FOI Act: 25A(5), 38 Download this file: AP6 and VicRoads Freedom of Information 2019 VICmr 141 11 October 2019 - PDF (181 KB) -
‘AP7’ and Wellington Shire Council (Freedom of Information) [2019] VICmr 142 (11 October 2019)
FREEDOM OF INFORMATION – workplace complaints – incident report – correspondence between agency officers – information communicated in confidence – personal affairs information
Decision information
Date of decision: 11 October 2019 Applicant: 'AP7' Agency: Wellington Shire Council Citation: 'AP7' and Wellington Shire Council (Freedom of Information) [2019] VICmr 142 (11 October 2019) Headnote: FREEDOM OF INFORMATION – workplace complaints – incident report - correspondence between agency officers – information communicated in confidence – personal affairs information Sections in the FOI Act: 30, 33(1), 35(1)(b) Download this file: AP7 and Wellington Shire Council Freedom of Information 2019 VICmr 142 11 October 2019 - PDF (894 KB) -
‘AP5’ and Victoria Police (Freedom of Information) [2019] VICmr 140 (10 October 2019)
FREEDOM OF INFORMATION – criminal investigation – unreasonable disclosure – personal affairs information – information requested for a professional publication
Decision information
Date of decision: 10 October 2019 Applicant: 'AP5' Agency: Victoria Police Citation: 'AP5' and Victoria Police (Freedom of Information) [2019] VICmr 140 (10 October 2019) Headnote: FREEDOM OF INFORMATION – criminal investigation – unreasonable disclosure – personal affairs information – information requested for a professional publication Sections in the FOI Act: 33(1) Download this file: AP5 and Victoria Police Freedom of Information 2019 VICmr 140 10 October 2019 - PDF (185 KB) -
‘AP4’ and Development Victoria (Freedom of Information) [2019] VICmr 139 (10 October 2019)
FREEDOM OF INFORMATION – Suburban Rail Loop – Cabinet documents – documents prepared by an external consultant for submission and consideration by Cabinet
Decision information
Date of decision: 10 October 2019 Applicant: 'AP4' Agency: Development Victoria Citation: 'AP4' and Development Victoria (Freedom of Information) [2019] VICmr 139 (10 October 2019) Headnote: FREEDOM OF INFORMATION – Suburban Rail Loop – Cabinet documents – documents prepared by an external consultant for submission and consideration by Cabinet Sections in the FOI Act: 28(1)(b) Download this file: AP4 and Development Victoria Freedom of Information 2019 VICmr 139 10 October 2019 - PDF (190 KB) -
‘AP3’ and Melbourne Health (Freedom of Information) [2019] VICmr 138 (10 October 2019)
FREEDOM OF INFORMATION – medical records – personal affairs information – unreasonable disclosure – information obtained in confidence
Decision information
Date of decision: 10 October 2019 Applicant: 'AP3' Agency: Melbourne Health Citation: ‘AP3’ and Melbourne Health (Freedom of Information) [2019] VICmr 138 (10 October 2019) Headnote: FREEDOM OF INFORMATION – medical records – personal affairs information – unreasonable disclosure – information obtained in confidence Sections in the FOI Act: 33(1), 35(1)(b) Download this file: ‘AP3’ and Melbourne Health Freedom of Information 2019 VICmr 138 10 October 2019 - PDF (321 KB) -
‘AP2’ and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 137 (8 October 2019)
FREEDOM OF INFORMATION – dispute resolution documents – Dispute Settlement Centre of Victoria – case notes – third party correspondence – documents affecting personal privacy – personal affairs information of agency officers – secrecy provision
Decision information
Date of decision: 8 October 2019 Applicant: 'AP2' Agency: Department of Justice and Community Safety (DJCS) Citation: 'AP2' and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 137 (8 October 2019) Headnote: FREEDOM OF INFORMATION – dispute resolution documents – Dispute Settlement Centre of Victoria – case notes – third party correspondence – documents affecting personal privacy – personal affairs information of agency officers – secrecy provision Sections in the FOI Act: 33(1), 38 Download this file: AP2 and Department of Justice and Community Safety Freedom of Information 2019 VICmr 137 8 October 2019 - PDF (444 KB) -
‘AO8’ and Department of Education and Training (Freedom of Information) [2019] VICmr 134 (4 October 2019)
FREEDOM OF INFORMATION – disputes and complaints – substantial and unreasonable diversion of Agency resources from its other operations
Decision information
Date of decision: 4 October 2019 Applicant: 'AO8' Agency: Citation: 'AO8' and Department of Education and Training (Freedom of Information) [2019] VICmr 134 (4 October 2019) Headnote: FREEDOM OF INFORMATION – disputes and complaints – substantial and unreasonable diversion of Agency resources from its other operations Sections in the FOI Act: 25A(1) Download this file: AO8 and Department of Education and Training Freedom of Information 2019 VICmr 134 4 October 2019 - PDF (207 KB) -
‘AO9’ and Victorian Building Authority (Freedom of Information) [2019] VICmr 135 (4 October 2019)
FREEDOM OF INFORMATION – investigations against building practitioners – site addresses – complainant names – information affecting personal privacy
Decision information
Date of decision: 4 October 2019 Applicant: 'AO9' Agency: Victorian Building Authority Citation: 'AO9' and Victorian Building Authority (Freedom of Information) [2019] VICmr 135 (4 October 2019) Headnote: FREEDOM OF INFORMATION – investigations against building practitioners – site addresses – complainant names – information affecting personal privacy. Sections in the FOI Act: 33(1) Download this file: AO9 and Victorian Building Authority Freedom of Information 2019 VICmr 135 4 October 2019 - PDF (182 KB) -
‘AP1’ and Victoria Police (Freedom of Information) [2019] VICmr 136 (4 October 2019)
FREEDOM OF INFORMATION – personal affairs information – bank statement – statutory declaration – allegations of criminal offending
Decision information
Date of decision: 4 October 2019 Applicant: 'AP1' Agency: Victoria Police Citation: 'AP1' and Victoria Police (Freedom of Information) [2019] VICmr 136 (4 October 2019) Headnote: FREEDOM OF INFORMATION – personal affairs information – bank statement – statutory declaration – allegations of criminal offending Sections in the FOI Act: 33(1) Download this file: AP1 and Victoria Police Freedom of Information 2019 VICmr 136 4 October 2019 - PDF (177 KB) -
‘AO6’ and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 132 (3 October 2019)
FREEDOM OF INFORMATION – prison intelligence documents – prisoners – prison staff – Accident and Investigation Report Services (AIRS) report – Corrections Victoria Intelligence Unit (CVIU) database – secrecy provision – offence to disclose personal or confidential information – information concerning security and management of prisons
Decision information
Date of decision: 3 October 2019 Applicant: 'AO6' Agency: Department of Justice and Community Safety (DJCS) Citation: 'AO6' and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 132 (3 October 2019) Headnote: FREEDOM OF INFORMATION – prison intelligence documents – prisoners – prison staff – Accident and Investigation Report Services (AIRS) report – Corrections Victoria Intelligence Unit (CVIU) database – secrecy provision – offence to disclose personal or confidential information – information concerning security and management of prisons Sections in the FOI Act: 38 Download this file: AO6 and Department of Justice and Community Safety Freedom of Information 2019 VICmr 132 3 October 2019 - PDF (182 KB) -
‘AO7’ and State Revenue Office (Freedom of Information) [2019] VICmr 133 (3 October 2019)
FREEDOM OF INFORMATION – legal professional privilege – invoices – commercial in confidence – expose a business undertaking unreasonably to disadvantage – personal affairs information
Decision information
Date of decision: 3 October 2019 Applicant: 'AO7' Agency: State Revenue Office Citation: 'AO7' and State Revenue Office (Freedom of Information) [2019] VICmr 133 (3 October 2019) Headnote: FREEDOM OF INFORMATION – legal professional privilege – invoices – commercial in confidence – expose a business undertaking unreasonably to disadvantage – personal affairs information Sections in the FOI Act: 32, 33(1), 34(1)(b) Download this file: AO7 and State Revenue Office Freedom of Information 2019 VICmr 133 3 October 2019 - PDF (6 MB) -
‘AO5’ and Greater Shepparton City Council (Freedom of Information) [2019] VICmr 131 (1 October 2019)
FREEDOM OF INFORMATION – documents exempted in previous FOI applications – communications between agency and professional legal advisor – created for the dominant purpose of obtaining and providing legal advice – legal professional privilege
Decision information
Date of decision: 1 October 2019 Applicant: 'AO5' Agency: Greater Shepparton City Council Citation: 'AO5' and Greater Shepparton City Council (Freedom of Information) [2019] VICmr 131 (1 October 2019) Headnote: FREEDOM OF INFORMATION – documents exempted in previous FOI applications – communications between agency and professional legal advisor – created for the dominant purpose of obtaining and providing legal advice – legal professional privilege Sections in the FOI Act: 25A(5), 32 Download this file: AO5 and Greater Shepparton City Council Freedom of Information 2019 VICmr 131 1 October 2019 - PDF (204 KB)