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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The Star Proprietary Limited and Victorian Commission for Gambling and Liquor Regulation (Freedom of Information) [2020] VICmr 16 (31 January 2020)
FREEDOM OF INFORMATION – regulatory documents – secrecy provisions – documents relating to concurrent gaming on semi-automated table games
Decision information
Date of decision: 31 January 2020 Applicant: The Star Proprietary Limited Agency: Victorian Commission for Gambling and Liquor Regulation Citation: The Star Proprietary Limited and Victorian Commission for Gambling and Liquor Regulation (Freedom of Information) [2020] VICmr 16 (31 January 2020) Headnote: FREEDOM OF INFORMATION – regulatory documents – secrecy provisions – documents relating to concurrent gaming on semi-automated table games Sections in the FOI Act: 25A(5), 38 Download this file: The Star Proprietary Limited and Victorian Commission for Gambling and Liquor Regulation Freedom of Information 2020 VICmr 16 31 January 2020 - PDF (247 KB) -
‘BB1’ and Eastern Health (Freedom of Information) [2020] VICmr 14 (30 January 2020)
FREEDOM OF INFORMATION – medical records – documents affecting personal privacy of third parties – material obtained in confidence from third parties
Decision information
Date of decision: 30 January 2020 Applicant: 'BB1' Agency: Eastern Health Citation: 'BB1' and Eastern Health (Freedom of Information) [2020] VICmr 14 (30 January 2020) Headnote: FREEDOM OF INFORMATION – 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: BB1 and Eastern Health Freedom of Information 2020 VICmr 14 30 January 2020 - PDF (194 KB) -
‘BB2’ and Victoria Police (Freedom of Information) [2020] VICmr 15 (30 January 2020)
FREEDOM OF INFORMATION – workplace complaint – internal investigation – Professional Standards Command – interpose file – emails – witness statements – memoranda – investigation reports
Decision information
Date of decision: 30 January 2020 Applicant: 'BB2' Agency: Victoria Police Citation: 'BB2' and Victoria Police (Freedom of Information) [2020] VICmr 15 (30 January 2020) Headnote: FREEDOM OF INFORMATION – workplace complaint – internal investigation – Professional Standards Command – interpose file – emails – witness statements – memoranda – investigation reports Sections in the FOI Act: 30, 33(1), 35(1)(b) Download this file: BB2 and Victoria Police Freedom of Information 2020 VICmr 15 30 January 2020 - PDF (1 MB) -
‘BA9’ and Victoria Police (Freedom of Information) [2020] VICmr 13 (28 January 2020)
FREEDOM OF INFORMATION – firearms reclassification – Firearms Act 1996 (Vic) – Licensing and Regulation Division Classification Review Committee (LRDCRC) – recommendation not finalised
Decision information
Date of decision: 28 January 2020 Applicant: 'BA9' Agency: Victoria Police Citation: 'BA9' and Victoria Police (Freedom of Information) [2020] VICmr 13 (28 January 2020) Headnote: All references to legislation in this document are to the Freedom of Information Act 1982 (Vic) (FOI Act) unless otherwise stated. Sections in the FOI Act: 30 Download this file: BA9 and Victoria Police Freedom of Information 2020 VICmr 13 28 January 2020 - PDF (1 MB) -
‘BA8’ and Victoria Police (Freedom of Information) [2020] VICmr 12 (24 January 2020)
FREEDOM OF INFORMATION – law enforcement documents – documents concerning police operations – [name of operation] offender arrest – search warrant log – regional crime squad concept of operations – terms of reference
Decision information
Date of decision: 24 January 2020 Applicant: 'BA8' Agency: Victoria Police Citation: 'BA8' and Victoria Police (Freedom of Information) [2020] VICmr 12 (24 January 2020) Headnote: FREEDOM OF INFORMATION – law enforcement documents – documents concerning police operations – [name of operation] offender arrest – search warrant log – regional crime squad concept of operations – terms of reference Sections in the FOI Act: 31(1)(a), 31(1)(d), 38 Download this file: BA8 and Victoria Police Freedom of Information 2020 VICmr 12 24 January 2020 - PDF (733 KB) -
‘BA7’ and Goulburn Valley Health (Freedom of Information) [2020] VICmr 11 (24 January 2020)
FREEDOM OF INFORMATION – health service records – records of complaint about a health practitioner – legal advice regarding complaint – information provided by respondents and witnesses to a complaint – draft correspondence where final provided – draft notes of outcome of complaint
Decision information
Date of decision: 24 January 2020 Applicant: 'BA7' Agency: Goulburn Valley Health Citation: 'BA7' and Goulburn Valley Health (Freedom of Information) [2020] VICmr 11 (24 January 2020) Headnote: FREEDOM OF INFORMATION – health service records – records of complaint about a health practitioner – legal advice regarding complaint – information provided by respondents and witnesses to a complaint – draft correspondence where final provided – draft notes of outcome of complaint Sections in the FOI Act: 30, 32, 33(1), 35(1)(b) Download this file: BA7 and Goulburn Valley Health Freedom of Information 2020 VICmr 11 24 January 2020 - PDF (3 MB) -
‘BA5’ and Victoria Police (Freedom of Information) [2020] VICmr 9 (23 January 2020)
FREEDOM OF INFORMATION – infringement notice – name – address – date of birth – driver licence number – vehicle registration details – description of alleged offence – release of information where applicant is the issuing officer
Decision information
Date of decision: 23 January 2020 Applicant: 'BA5' Agency: Victoria Police Citation: 'BA5' and Victoria Police (Freedom of Information) [2020] VICmr 9 (23 January 2020) Headnote: FREEDOM OF INFORMATION – infringement notice – name – address – date of birth – driver licence number – vehicle registration details – description of alleged offence – release of information where applicant is the issuing officer Sections in the FOI Act: 33(1) Download this file: BA5 and Victoria Police Freedom of Information 2020 VICmr 9 23 January 2020 - PDF (183 KB) -
‘BA6’ and Victoria Police (Freedom of Information) [2020] VICmr 10 (23 January 2020)
FREEDOM OF INFORMATION – law enforcement documents – records relating to a deceased person – next of kin – task report – Law Enforcement Assistance Program (LEAP) flag report – LEAP reports
Decision information
Date of decision: 23 January 2020 Applicant: 'BA6' Agency: Victoria Police Citation: 'BA6' and Victoria Police (Freedom of Information) [2020] VICmr 10 (23 January 2020) Headnote: FREEDOM OF INFORMATION – law enforcement documents – records relating to a deceased person – next of kin – task report – Law Enforcement Assistance Program (LEAP) flag report – LEAP reports Sections in the FOI Act: 33(1) Download this file: BA6 and Victoria Police Freedom of Information 2020 VICmr 10 23 January 2020 - PDF (635 KB) -
‘BA4’ and City of Port Phillip (Freedom of Information) [2020] VICmr 8 (21 January 2020)
FREEDOM OF INFORMATION – council documents – invoices – expense reimbursement claims – personal affairs information
Decision information
Date of decision: 21 January 2020 Applicant: 'BA4' Agency: Port Phillip City Council Citation: 'BA4' and City of Port Phillip (Freedom of Information) [2020] VICmr 8 (21 January 2020) Headnote: FREEDOM OF INFORMATION – council documents – invoices – expense reimbursement claims – personal affairs information Sections in the FOI Act: 33(1) Download this file: BA4 and City of Port Phillip Freedom of Information 2020 VICmr 8 21 January 2020 - PDF (834 KB) -
‘BA3′ and Victorian Institute of Teaching (Freedom of Information) [2020] VICmr 7 (21 January 2020)
FREEDOM OF INFORMATION – substantial and unreasonable diversion of agency resources – 2000 pages – records relating to the applicant
Decision information
Date of decision: 21 January 2020 Applicant: 'BA3' Agency: Victorian Institute of Teaching Citation: ‘BA3' and Victorian Institute of Teaching (Freedom of Information) [2020] VICmr 7 (21 January 2020) Headnote: FREEDOM OF INFORMATION – substantial and unreasonable diversion of agency resources – 2000 pages – records relating to the applicant Sections in the FOI Act: 25A(1) Download this file: ‘BA3 and Victorian Institute of Teaching Freedom of Information 2020 VICmr 7 21 January 2020 - PDF (226 KB) -
‘BA2’ and Frankston City Council (Freedom of Information) [2020] VICmr 6 (17 January 2020)
FREEDOM OF INFORMATION – documents containing material obtained in confidence – documents affecting legal proceedings – email correspondence – complaints
Decision information
Date of decision: 17 January 2020 Applicant: 'BA2' Agency: Frankston City Council Citation: 'BA2' and Frankston City Council (Freedom of Information) [2020] VICmr 6 (17 January 2020) Headnote: FREEDOM OF INFORMATION – documents containing material obtained in confidence – documents affecting legal proceedings – email correspondence – complaints Sections in the FOI Act: 35(1)(b), 32 Download this file: BA2 and Frankston City Council Freedom of Information 2020 VICmr 6 17 January 2020 - PDF (1 MB) -
‘AZ8′ and Department of Education and Training (Freedom of Information) [2020] VICmr 3 (16 January 2020)
FREEDOM OF INFORMATION – legal professional privilege – student injury during a sporting event – personal affairs information – communications with insurer
Decision information
Date of decision: 16 January 2020 Applicant: 'AZ8' Agency: Citation: ‘AZ8' and Department of Education and Training (Freedom of Information) [2020] VICmr 3 (16 January 2020) Headnote: FREEDOM OF INFORMATION – legal professional privilege – student injury during a sporting event – personal affairs information – communications with insurer Sections in the FOI Act: 32, 33(1) Download this file: ‘AZ8 and Department of Education and Training Freedom of Information 2020 VICmr 3 16 January 2020 - PDF (951 KB) -
‘AZ9′ and Victoria Police (Freedom of Information) [2020] VICmr 4 (16 January 2020)
FREEDOM OF INFORMATION – personal affairs information – secrecy provision – email correspondence – text message – handwritten notes – information request form – unreasonable disclosure – police documents – Judicial Proceedings Reports Act 1958 (Vic)
Decision information
Date of decision: 16 January 2020 Applicant: 'AZ9' Agency: Victoria Police Citation: ‘AZ9' and Victoria Police (Freedom of Information) [2020] VICmr 4 (16 January 2020) Headnote: FREEDOM OF INFORMATION – personal affairs information – secrecy provision – email correspondence – text message – handwritten notes – information request form – unreasonable disclosure – police documents – Judicial Proceedings Reports Act 1958 (Vic) Sections in the FOI Act: 33(1), 38 Download this file: ‘AZ9 and Victoria Police Freedom of Information 2020 VICmr 4 16 January 2020 - PDF (200 KB) -
‘BA1’ and Department of Premier and Cabinet (Freedom of Information) [2020] VICmr 5 (16 January 2020)
FREEDOM OF INFORMATION – Legislative Impact Assessment – Cabinet in confidence – deliberations of Cabinet – external report – prepared for the sole or substantial purpose for submission to Cabinet
Decision information
Date of decision: 16 January 2020 Applicant: 'BA1' Agency: Department of Premier and Cabinet (DPC) Citation: 'BA1' and Department of Premier and Cabinet (Freedom of Information) [2020] VICmr 5 (16 January 2020) Headnote: FREEDOM OF INFORMATION – Legislative Impact Assessment – Cabinet in confidence – deliberations of Cabinet – external report – prepared for the sole or substantial purpose for submission to Cabinet Sections in the FOI Act: 28(1)(b), 28(1)(d) Download this file: BA1 and Department of Premier and Cabinet Freedom of Information 2020 VICmr 5 16 January 2020 - PDF (190 KB) -
‘AZ7’ and Department of Health and Human Services (Freedom of Information) [2020] VICmr 2 (9 January 2020)
FREEDOM OF INFORMATION – child protection records of applicant’s child – records relating to supervised visits – Children, Youth and Families Act 2005 (Vic)
Decision information
Date of decision: 9 January 2020 Applicant: 'AZ7' Agency: Citation: 'AZ7' and Department of Health and Human Services (Freedom of Information) [2020] VICmr 2 (9 January 2020) Headnote: FREEDOM OF INFORMATION – child protection records of applicant’s child – records relating to supervised visits – Children, Youth and Families Act 2005 (Vic) Sections in the FOI Act: 25A(5), 31(1)(a) Download this file: AZ7 and Department of Health and Human Services Freedom of Information 2020 VICmr 2 9 January 2020 - PDF (200 KB) -
‘AZ6’ and Department of Transport (Freedom of Information) [2020] VICmr 1 (7 January 2020)
FREEDOM OF INFORMATION – substantial and unreasonable diversion of Agency resources
Decision information
Date of decision: 7 January 2020 Applicant: 'AZ6' Agency: Citation: 'AZ6' and Department of Transport (Freedom of Information) [2020] VICmr 1 (7 January 2020) Headnote: FREEDOM OF INFORMATION – substantial and unreasonable diversion of Agency resources Sections in the FOI Act: 25A(1) Download this file: AZ6 and Department of Transport Freedom of Information 2020 VICmr 1 7 January 2020 - PDF (203 KB)