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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‘AT8’ and Victoria Police (Freedom of Information)[2019] VICmr 180 (29 November 2019)
FREEDOM OF INFORMATION – neither confirm nor deny the existence of documents – law enforcement documents – police surveillance – personal affairs information – information obtained in confidence
Decision information
Date of decision: 29 November 2019 Applicant: 'AT8' Agency: Victoria Police Citation: 'AT8' and Victoria Police (Freedom of Information) [2019] VICmr 180 (29 November 2019) Headnote: FREEDOM OF INFORMATION – neither confirm nor deny the existence of documents – law enforcement documents – police surveillance – personal affairs information – information obtained in confidence Sections in the FOI Act: 35(1)(b), 31(1)(d), 33(1), 27(2)(b) Download this file: AT8 and Victoria Police Freedom of Information 2019 VICmr 180 29 November 2019 - PDF (1 MB) -
‘AT6’ and Department of Health and Human Services (Freedom of Information) [2019] VICmr 178 (28 November 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: 28 November 2019 Applicant: 'AT6' Agency: Citation: 'AT6' and Department of Health and Human Services (Freedom of Information) [2019] VICmr 178 (28 November 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: AT6 and Department of Health and Human Services Freedom of Information 2019 VICmr 178 28 November 2019 - PDF (214 KB) -
‘AT7’ and Victoria Police (Freedom of Information) [2019] VICmr 179 (28 November 2019)
FREEDOM OF INFORMATION – Law Enforcement Assistance Program (LEAP) Incident Report – Electronic Patrol Duty Return (ePDR) Form – police officer’s notes – family violence incident – family violence report – intervention order proceedings – personal affairs information – unreasonable to disclose
Decision information
Date of decision: 28 November 2019 Applicant: 'AT7' Agency: Victoria Police Citation: 'AT7' and Victoria Police (Freedom of Information) [2019] VICmr 179 (28 November 2019) Headnote: FREEDOM OF INFORMATION – Law Enforcement Assistance Program (LEAP) Incident Report – Electronic Patrol Duty Return (ePDR) Form – police officer’s notes – family violence incident – family violence report – intervention order proceedings – personal affairs information – unreasonable to disclose Sections in the FOI Act: 33(1) Download this file: AT7 and Victoria Police Freedom of Information 2019 VICmr 179 28 November 2019 - PDF (789 KB) -
‘AT5’ and Victoria Police (Freedom of Information) [2019] VICmr 177 (28 November 2019)
FREEDOM OF INFORMATION – CCTV footage – law enforcement documents – personal affairs information
Decision information
Date of decision: 28 November 2019 Applicant: 'AT5' Agency: Victoria Police Citation: 'AT5' and Victoria Police (Freedom of Information) [2019] VICmr 177 (28 November 2019) Headnote: FREEDOM OF INFORMATION – CCTV footage – law enforcement documents – personal affairs information Sections in the FOI Act: 33(1) Download this file: AT5 and Victoria Police Freedom of Information 2019 VICmr 177 28 November 2019 - PDF (188 KB) -
‘AT3’ and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 175 (22 November 2019)
FREEDOM OF INFORMATION – prison intelligence documents – prisoners – secrecy provision – offence to disclose personal or confidential information – information concerning security and management of prisons – Centurion
Decision information
Date of decision: 22 November 2019 Applicant: 'AT3' Agency: Department of Justice and Community Safety (DJCS) Citation: 'AT3' and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 175 (22 November 2019) Headnote: FREEDOM OF INFORMATION – prison intelligence documents – prisoners – secrecy provision – offence to disclose personal or confidential information – information concerning security and management of prisons – Centurion Sections in the FOI Act: 38 Download this file: AT3 and Department of Justice and Community Safety Freedom of Information 2019 VICmr 175 22 November 2019 1 - PDF (182 KB) -
‘AS8’ and Monash University (Freedom of Information) [2019] VICmr 171 (22 November 2019)
FREEDOM OF INFORMATION – university student marks – matching anonymous data – re-identification – re-identified data – de-identified data
Decision information
Date of decision: 22 November 2019 Applicant: 'AS8' Agency: Monash University Citation: ‘AS8’ and Monash University (Freedom of Information) [2019] VICmr 171 (22 November 2019) Headnote: FREEDOM OF INFORMATION – university student marks – matching anonymous data – re-identification – re-identified data – de-identified data Sections in the FOI Act: 33(1) Download this file: ‘AS8’ and Monash University Freedom of Information 2019 VICmr 171 22 November 2019 - PDF (197 KB) -
‘AS9’ and Barwon Health (Freedom of Information) [2019] VICmr 172 (22 November 2019)
FREEDOM OF INFORMATION – medical records – information obtained by third parties in confidence – disclosure contrary to the public interest
Decision information
Date of decision: 22 November 2019 Applicant: 'AS9' Agency: Barwon Health Citation: 'AS9' and Barwon Health (Freedom of Information) [2019] VICmr 172 (22 November 2019) Headnote: FREEDOM OF INFORMATION – medical records – information obtained by third parties in confidence – disclosure contrary to the public interest Sections in the FOI Act: 35(1)(b) Download this file: AS9 and Barwon Health Freedom of Information 2019 VICmr 172 22 November 2019 - PDF (270 KB) -
‘AT1’ and Victoria Police (Freedom of Information) [2019] VICmr 173 (22 November 2019)
FREEDOM OF INFORMATION – police records – refusal to process an FOI request – substantial and unreasonable diversion of agency’s resources
Decision information
Date of decision: 22 November 2019 Applicant: 'AT1' Agency: Victoria Police Citation: 'AT1' and Victoria Police (Freedom of Information) [2019] VICmr 173 (22 November 2019) Headnote: FREEDOM OF INFORMATION – police records – refusal to process an FOI request – substantial and unreasonable diversion of agency’s resources Sections in the FOI Act: 25A(1) Download this file: AT1 and Victoria Police Freedom of Information 2019 VICmr 173 22 November 2019 - PDF (205 KB) -
‘AT2’ and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 174 (22 November 2019)
FREEDOM OF INFORMATION – secrecy provision – CCTV footage – body-worn camera footage – personal or confidential information – secrecy provision – prison records – security and management of prisons
Decision information
Date of decision: 22 November 2019 Applicant: 'AT2' Agency: Department of Justice and Community Safety (DJCS) Citation: 'AT2' and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 174 (22 November 2019) Headnote: FREEDOM OF INFORMATION – secrecy provision – CCTV footage – body-worn camera footage – personal or confidential information – secrecy provision – prison records – security and management of prisons Sections in the FOI Act: 38 Download this file: AT2 and Department of Justice and Community Safety Freedom of Information 2019 VICmr 174 22 November 2019 - PDF (188 KB) -
‘AT4’ and Metropolitan Fire and Emergency Services Board (Freedom of Information) [2019] VICmr 176 (22 November 2019)
FREEDOM OF INFORMATION – insurance policy with schedule – policy renewal notice – prejudice proper administration of the law in a particular instance
Decision information
Date of decision: 22 November 2019 Applicant: 'AT4' Agency: Metropolitan Fire and Emergency Services Board Citation: 'AT4' and Metropolitan Fire and Emergency Services Board (Freedom of Information) [2019] VICmr 176 (22 November 2019) Headnote: FREEDOM OF INFORMATION – insurance policy with schedule – policy renewal notice – prejudice proper administration of the law in a particular instance Sections in the FOI Act: 31(1)(a), 33(1) Download this file: AT4 and Metropolitan Fire and Emergency Services Board Freedom of Information 2019 VICmr 176 22 November 2019 - PDF (331 KB) -
‘AS7’ and Department of Environment, Land, Water and Planning (Freedom of Information) [2019] VICmr 170 (22 November 2019)
FREEDOM OF INFORMATION – audit – forestry – timber harvesting – deferral of access – prepared for release to the press
Decision information
Date of decision: 22 November 2019 Applicant: 'AS7' Agency: Citation: 'AS7' and Department of Environment, Land, Water and Planning (Freedom of Information) [2019] VICmr 170 (22 November 2019) Headnote: FREEDOM OF INFORMATION – audit – forestry – timber harvesting – deferral of access – prepared for release to the press Sections in the FOI Act: 30 Download this file: AS7 and Department of Environment Land Water and Planning Freedom of Information 2019 VICmr 170 22 November 2019 - PDF (199 KB) -
‘AS6′ and Department of Health and Human Services (Freedom of Information) [2019] VICmr 169 (18 November 2019)
FREEDOM OF INFORMATION – Housing Integrated Information Program (HIIP) repairs maintenance history report – property maintenance history – tenant information – personal affairs information
Decision information
Date of decision: 18 November 2019 Applicant: 'AS6' Agency: Citation: ‘AS6' and Department of Health and Human Services (Freedom of Information) [2019] VICmr 169 (18 November 2019) Headnote: FREEDOM OF INFORMATION – Housing Integrated Information Program (HIIP) repairs maintenance history report – property maintenance history – tenant information – personal affairs information Sections in the FOI Act: 33(1) Download this file: ‘AS6 and Department of Health and Human Services Freedom of Information 2019 VICmr 169 18 November 2019 - PDF (497 KB) -
‘AS5’ and Mercy Hospitals Victoria Ltd (Freedom of Information) [2019] VICmr 168 (18 November 2019)
FREEDOM OF INFORMATION – medical records – personal affairs information – unreasonable disclosure – information obtained by third parties in confidence – disclosure contrary to the public interest
Decision information
Date of decision: 18 November 2019 Applicant: 'AS5' Agency: Mercy Hospitals Victoria Citation: 'AS5' and Mercy Hospitals Victoria Ltd (Freedom of Information) [2019] VICmr 168 (18 November 2019) Headnote: FREEDOM OF INFORMATION – medical records – personal affairs information – unreasonable disclosure – information obtained by third parties in confidence – disclosure contrary to the public interest Sections in the FOI Act: 33(1), 35(1)(b) Download this file: AS5 and Mercy Hospitals Victoria Ltd Freedom of Information 2019 VICmr 168 18 November 2019 - PDF (1 MB) -
‘AS3’ and Victoria Police (Freedom of Information) [2019] VICmr 166 (15 November 2019)
FREEDOM OF INFORMATION – substantial and unreasonable diversion of Agency resources from its other operations
Decision information
Date of decision: 15 November 2019 Applicant: 'AS3' Agency: Victoria Police Citation: 'AS3' and Victoria Police (Freedom of Information) [2019] VICmr 166 (15 November 2019) Headnote: FREEDOM OF INFORMATION – substantial and unreasonable diversion of Agency resources from its other operations Sections in the FOI Act: 25A(1) Download this file: AS3 and Victoria Police Freedom of Information 2019 VICmr 166 15 November 2019 - PDF (200 KB) -
‘AS2’ and Department of Education and Training (Freedom of Information) [2019] VICmr 165 (15 November 2019)
FREEDOM OF INFORMATION – Public Accounts and Estimates (PAEC) briefing – PAEC inquiry – 2018-19 Budget Estimates
Decision information
Date of decision: 15 November 2019 Applicant: 'AS2' Agency: Citation: 'AS2' and Department of Education and Training (Freedom of Information) [2019] VICmr 165 (15 November 2019) Headnote: FREEDOM OF INFORMATION – Public Accounts and Estimates (PAEC) briefing – PAEC inquiry – 2018-19 Budget Estimates Sections in the FOI Act: 30 Download this file: AS2 and Department of Education and Training Freedom of Information 2019 VICmr 165 15 November 2019 - PDF (187 KB) -
‘AS4’ and Department of Transport (Freedom of Information) [2019] VICmr 167 (15 November 2019)
FREEDOM OF INFORMATION – CityLink Project Model – financial model – draft file note – draft paper – commercial in confidence information
Decision information
Date of decision: 15 November 2019 Applicant: 'AS4' Agency: Citation: 'AS4' and Department of Transport (Freedom of Information) [2019] VICmr 167 (15 November 2019) Headnote: FREEDOM OF INFORMATION – CityLink Project Model – financial model – draft file note – draft paper – commercial in confidence information Sections in the FOI Act: 32, 33(1), 34(1)(b) Download this file: AS4 and Department of Transport Freedom of Information 2019 VICmr 167 15 November 2019 - PDF (1 MB) -
‘AR9’ and Department of Health and Human Services (Freedom of Information) [2019] VICmr 163 (14 November 2019)
FREEDOM OF INFORMATION – personal affairs information – Redevelopment of Acute and Psychiatric Directions (RAPID) report – medical records – alert note
Decision information
Date of decision: 14 November 2019 Applicant: 'AR9' Agency: Citation: 'AR9' and Department of Health and Human Services (Freedom of Information) [2019] VICmr 163 (14 November 2019) Headnote: FREEDOM OF INFORMATION – personal affairs information – Redevelopment of Acute and Psychiatric Directions (RAPID) report – medical records – alert note Sections in the FOI Act: 33(1) Download this file: AR9 and Department of Health and Human Services Freedom of Information 2019 VICmr 163 14 November 2019 - PDF (186 KB) -
‘AR6′ and City of Greater Geelong (Freedom of Information) [2019] VICmr 160 (14 November 2019)
FREEDOM OF INFORMATION – internal communications – opinion of agency officers – deliberative process – contrary to public interest – personal affairs information – unreasonable disclosure – documents affecting legal proceedings – privileged from production in legal proceedings – legal professional privilege –communicated in confidence
Decision information
Date of decision: 14 November 2019 Applicant: 'AR6' Agency: Greater Geelong City Council Citation: ‘AR6' and City of Greater Geelong (Freedom of Information) [2019] VICmr 160 (14 November 2019) Headnote: FREEDOM OF INFORMATION – internal communications – opinion of agency officers – deliberative process – contrary to public interest – personal affairs information – unreasonable disclosure – documents affecting legal proceedings – privileged from production in legal proceedings – legal professional privilege –communicated in confidence Sections in the FOI Act: 30, 32, 33(1) Download this file: ‘AR6 and City of Greater Geelong Freedom of Information 2019 VICmr 160 14 November 2019 - PDF (3 MB) -
‘AR7’ and VicRoads (Freedom of Information) [2019] VICmr 161 (14 November 2019)
FREEDOM OF INFORMATION – file notes – medical review documents – Victorian Institute of Forensic Medicine communication – email – Helpdesk System information – name of an administrative officer – personal affairs information
Decision information
Date of decision: 14 November 2019 Applicant: 'AR7' Agency: Citation: 'AR7' and VicRoads (Freedom of Information) [2019] VICmr 161 (14 November 2019) Headnote: FREEDOM OF INFORMATION – file notes – medical review documents – Victorian Institute of Forensic Medicine communication – email – Helpdesk System information – name of an administrative officer – personal affairs information Sections in the FOI Act: 33(1) Download this file: AR7 and VicRoads Freedom of Information 2019 VICmr 161 14 November 2019 - PDF (614 KB) -
‘AS1’ and Department of Environment, Land, Water and Planning (Freedom of Information) [2019] VICmr 164 (14 November 2019)
FREEDOM OF INFORMATION – wind farm – planning permit – aircraft safety assessment
Decision information
Date of decision: 14 November 2019 Applicant: 'AS1' Agency: Citation: 'AS1' and Department of Environment, Land, Water and Planning (Freedom of Information) [2019] VICmr 164 (14 November 2019) Headnote: FREEDOM OF INFORMATION – wind farm – planning permit – aircraft safety assessment Sections in the FOI Act: 30, 33(1), 34(1)(b), 35(1)(a) Download this file: AS1 and Department of Environment Land Water and Planning Freedom of Information 2019 VICmr 164 14 November 2019 - PDF (853 KB) -
‘AR8’ and Department of Health and Human Services (Freedom of Information) [2019] VICmr 162 (14 November 2019)
FREEDOM OF INFORMATION – third party information – meeting minutes – Disability Act 2006 (Vic) – Charter of Human Rights and Responsibilities Act 2006 (Vic)
Decision information
Date of decision: 14 November 2019 Applicant: 'AR8' Agency: Citation: 'AR8' and Department of Health and Human Services (Freedom of Information) [2019] VICmr 162 (14 November 2019) Headnote: FREEDOM OF INFORMATION – third party information – meeting minutes – Disability Act 2006 (Vic) – Charter of Human Rights and Responsibilities Act 2006 (Vic) Sections in the FOI Act: 31(1)(a), 33(1), 35(1)(b) Download this file: AR8 and Department of Health and Human Services Freedom of Information 2019 VICmr 162 14 November 2019 - PDF (228 KB) -
‘AR4’ and Eastern Health (Freedom of Information) [2019] VICmr 158 (12 November 2019)
FREEDOM OF INFORMATION – medical records – personal affairs information – unreasonable disclosure – information obtained by third parties in confidence – disclosure contrary to the public interest
Decision information
Date of decision: 12 November 2019 Applicant: 'AR4' Agency: Eastern Health Citation: 'AR4' and Eastern Health (Freedom of Information) [2019] VICmr 158 (12 November 2019) Headnote: FREEDOM OF INFORMATION – medical records – personal affairs information – unreasonable disclosure – information obtained by third parties in confidence – disclosure contrary to the public interest Sections in the FOI Act: 33(1), 35(1)(b) Download this file: AR4 and Eastern Health Freedom of Information 2019 VICmr 158 12 November 2019 1 - PDF (655 KB) -
‘AR5’ and Victorian Planning Authority (Freedom of Information) [2019] VICmr 159 (12 November 2019)
FREEDOM OF INFORMATION – draft reports – impact assessment report – retail and employment needs economic assessment – council and planning authority planning documents
Decision information
Date of decision: 12 November 2019 Applicant: 'AR5' Agency: Victorian Planning Authority Citation: 'AR5' and Victorian Planning Authority (Freedom of Information) [2019] VICmr 159 (12 November 2019) Headnote: FREEDOM OF INFORMATION – draft reports – impact assessment report – retail and employment needs economic assessment – council and planning authority planning documents Sections in the FOI Act: 30 Download this file: AR5 and Victorian Planning Authority Freedom Information 2019 VICmr 159 12 November 2019 - PDF (268 KB) -
‘AR3’ and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 157 (11 November 2019)
FREEDOM OF INFORMATION – documents provided to Adult Parole Board – secrecy provision
Decision information
Date of decision: 11 November 2019 Applicant: 'AR3' Agency: Department of Justice and Community Safety (DJCS) Citation: ''AR3' and Department of Justice and Community Safety (Freedom of Information) [2019] VICmr 157 (11 November 2019) Headnote: FREEDOM OF INFORMATION – documents provided to Adult Parole Board – secrecy provision Sections in the FOI Act: 38 Download this file: AR3 and Department of Justice and Community Safety Freedom of Information 2019 VICmr 157 11 November 2019 - PDF (251 KB) -
‘AR2’ and The Royal Women’s Hospital (Freedom of Information) [2019] VICmr 156 (11 November 2019)
FREEDOM OF INFORMATION – hospital records – child’s birth details – date and time of birth – weight at birth
Decision information
Date of decision: 11 November 2019 Applicant: 'AR2' Agency: Royal Women’s Hospital Citation: 'AR2' and The Royal Women's Hospital (Freedom of Information) [2019] VICmr 156 (11 November 2019) Headnote: FREEDOM OF INFORMATION – hospital records – child’s birth details – date and time of birth – weight at birth Sections in the FOI Act: 33(1) Download this file: AR2 and The Royal Womens Hospital Freedom of Information 2019 VICmr 156 11 November 2019 - PDF (176 KB) -
‘AR1’ and Victorian Legal Services Commissioner (Freedom of Information) [2019] VICmr 155 (8 November 2019)
FREEDOM OF INFORMATION – investigation file – complaint file – audit file – requests may be refused in certain circumstances – substantial and unreasonable diversion of the Agency’s resources
Decision information
Date of decision: 8 November 2019 Applicant: 'AR1' Agency: Victorian Legal Services Commissioner Citation: 'AR1' and Victorian Legal Services Commissioner (Freedom of Information) [2019] VICmr 155 (8 November 2019) Headnote: FREEDOM OF INFORMATION – investigation file – complaint file – audit file – requests may be refused in certain circumstances – substantial and unreasonable diversion of the Agency’s resources Sections in the FOI Act: 25A(1) Download this file: AR1 and Victorian Legal Services Commissioner Freedom of Information 2019 VICmr 155 8 November 2019 1 - PDF (219 KB) -
‘AQ9’ and Victoria Police (Freedom of Information) [2019] VICmr 154 (4 November 2019)
FREEDOM OF INFORMATION – police records – witness statements – internal agency correspondence – law enforcement – personal affairs information – information obtained in confidence
Decision information
Date of decision: 4 November 2019 Applicant: 'AQ9' Agency: Victoria Police Citation: 'AQ9' and Victoria Police (Freedom of Information) [2019] VICmr 154 (4 November 2019) Headnote: FREEDOM OF INFORMATION – police records – witness statements – internal agency correspondence – law enforcement – personal affairs information – information obtained in confidence Sections in the FOI Act: 31(1)(d), 33(1), 35(1)(b) Download this file: AQ9 and Victoria Police Freedom of Information 2019 VICmr 154 4 November 2019 - PDF (401 KB)