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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‘BD5’ and Emergency Services Superannuation Board (t/a ESSSuper) (Freedom of Information) [2020] VICmr 38 (27 February 2020)
FREEDOM OF INFORMATION – personal affairs information – superannuation – payment to beneficiary – assessment of evidentiary material
Decision information
Date of decision: 27 February 2020 Applicant: 'BD5' Agency: Emergency Services Superannuation Board (t/a ESSSuper) Citation: 'BD5' and Emergency Services Superannuation Board (t/a ESSSuper) (Freedom of Information) [2020] VICmr 38 (27 February 2020) Headnote: FREEDOM OF INFORMATION – personal affairs information – superannuation – payment to beneficiary – assessment of evidentiary material Sections in the FOI Act: 33(1) Download this file: BD5 and Emergency Services Superannuation Board ta ESSSuper Freedom of Information 2020 VICmr 38 27 February 2020 - PDF (177 KB) -
‘BD6’ and Department of Transport (Freedom of Information) [2020] VICmr 39 (27 February 2020)
FREEDOM OF INFORMATION – business case – major road project – internal working document – superseded information – whether release would be contrary to the public interest
Decision information
Date of decision: 27 February 2020 Applicant: 'BD6' Agency: Citation: 'BD6' and Department of Transport (Freedom of Information) [2020] VICmr 39 (27 February 2020) Headnote: FREEDOM OF INFORMATION – business case – major road project – internal working document – superseded information – whether release would be contrary to the public interest Sections in the FOI Act: 30 Download this file: BD6 and Department of Transport Freedom of Information 2020 VICmr 39 27 February 2020 - PDF (185 KB) -
‘BD4’ and Department of Jobs, Precincts and Regions (Freedom of Information) [2020] VICmr 37 (25 February 2020)
FREEDOM OF INFORMATION – Evaluation industry fund – documents prepared for submission to Cabinet – Cabinet in confidence
Decision information
Date of decision: 25 February 2020 Applicant: 'BD4' Agency: Citation: 'BD4' and Department of Jobs, Precincts and Regions (Freedom of Information) [2020] VICmr 37 (25 February 2020) Headnote: FREEDOM OF INFORMATION – Evaluation industry fund – documents prepared for submission to Cabinet – Cabinet in confidence Sections in the FOI Act: 28(1)(b) Download this file: BD4 and Department of Jobs Precincts and Regions Freedom of Information 2020 VICmr 37 25 February 2020 1 - PDF (177 KB) -
‘BD2’ and Bairnsdale Regional Health Service (Freedom of Information) [2020] VICmr 35 (21 February 2020)
FREEDOM OF INFORMATION – People Matter Survey – staff survey results – information provided to agency in confidence
Decision information
Date of decision: 21 February 2020 Applicant: 'BD2' Agency: Bairnsdale Regional Health Service Citation: 'BD2' and Bairnsdale Regional Health Service (Freedom of Information) [2020] VICmr 35 (21 February 2020) Headnote: FREEDOM OF INFORMATION – People Matter Survey – staff survey results – information provided to agency in confidence Sections in the FOI Act: 35(1)(b) Download this file: BD2 and Bairnsdale Regional Health Service Freedom of Information 2020 VICmr 35 21 February 2020 - PDF (319 KB) -
‘BC9’ and Monash University (Freedom of Information) [2020] VICmr 33 (20 February 2020)
FREEDOM OF INFORMATION – workplace dispute – employment matters – request for flexible work arrangements – internal communications between agency officers
Decision information
Date of decision: 20 February 2020 Applicant: 'BC9' Agency: Monash University Citation: 'BC9' and Monash University (Freedom of Information) [2020] VICmr 33 (20 February 2020) Headnote: FREEDOM OF INFORMATION – workplace dispute – employment matters – request for flexible work arrangements – internal communications between agency officers Sections in the FOI Act: 30 Download this file: BC9 and Monash University Freedom of Information 2020 VICmr 33 20 February 2020 - PDF (1 MB) -
‘BC7’ and Department of Environment, Land, Water and Planning (Freedom of Information) [2020] VICmr 31 (18 February 2020)
FREEDOM OF INFORMATION – decision making documents – Ministerial brief – briefing – Minister – approval for mineral exploration in public park – ministerial decision making – deliberative process – disclosure in the public interest
Decision information
Date of decision: 18 February 2020 Applicant: 'BC7' Agency: Citation: 'BC7' and Department of Environment, Land, Water and Planning (Freedom of Information) [2020] VICmr 31 (18 February 2020) Headnote: FREEDOM OF INFORMATION – decision making documents – Ministerial brief – briefing – Minister – approval for mineral exploration in public park – ministerial decision making – deliberative process – disclosure in the public interest Sections in the FOI Act: 30 Download this file: BC7 and Department of Environment Land Water and Planning Freedom of Information 2020 VICmr 31 18 February 2020 - PDF (392 KB) -
‘BC5′ and Victoria Police (Freedom of Information) [2020] VICmr 28 (17 February 2020)
FREEDOM OF INFORMATION – footage – police documents – personal affairs information – unreasonable disclosure
Decision information
Date of decision: 17 February 2020 Applicant: 'BC5' Agency: Victoria Police Citation: ‘BC5' and Victoria Police (Freedom of Information) [2020] VICmr 28 (17 February 2020) Headnote: FREEDOM OF INFORMATION – footage – police documents – personal affairs information – unreasonable disclosure Sections in the FOI Act: 33(1) Download this file: ‘BC5 and Victoria Police Freedom of Information 2020 VICmr 28 17 February 2020 - PDF (185 KB) -
Metricon Homes Pty Ltd and Campaspe Shire Council (Freedom of Information) [2020] VICmr 29 (17 February 2020)
FREEDOM OF INFORMATION – council documents – building plans and drawings – internal floor plan – external building plans
Decision information
Date of decision: 17 February 2020 Applicant: Metricon Homes Pty Ltd Agency: Campaspe Shire Council Citation: Metricon Homes Pty Ltd and Campaspe Shire Council (Freedom of Information) [2020] VICmr 29 (17 February 2020) Headnote: FREEDOM OF INFORMATION – council documents – building plans and drawings – internal floor plan – external building plans Sections in the FOI Act: 33(1), 34(1)(a), 34(1)(b) Download this file: Metricon Homes Pty Ltd and Campaspe Shire Council Freedom of Information 2020 VICmr 29 17 February 2020 - PDF (205 KB) -
‘BC6′ and Bayside City Council (Freedom of Information) [2020] VICmr 30 (17 February 2020)
FREEDOM OF INFORMATION – documents acquired by an agency – documents submitted to council – use of public land – community market – business affairs information
Decision information
Date of decision: 17 February 2020 Applicant: 'BC6' Agency: Bayside City Council Citation: ‘BC6' and Bayside City Council (Freedom of Information) [2020] VICmr 30 (17 February 2020) Headnote: FREEDOM OF INFORMATION – documents acquired by an agency – documents submitted to council – use of public land – community market – business affairs information Sections in the FOI Act: 34(1)(b) Download this file: ‘BC6 and Bayside City Council Freedom of Information 2020 VICmr 30 17 February 2020 - PDF (419 KB) -
‘BC4′ and Department of Transport (Freedom of Information) [2020] VICmr 27 (14 February 2020)
FREEDOM OF INFORMATION – Ministerial briefs – titles of Ministerial briefs prepared by agency – briefing documents – Ministerial Briefing System (MiBS) database
Decision information
Date of decision: 14 February 2020 Applicant: 'BC4' Agency: Citation: ‘BC4' and Department of Transport (Freedom of Information) [2020] VICmr 27 (14 February 2020) Headnote: FREEDOM OF INFORMATION – Ministerial briefs – titles of Ministerial briefs prepared by agency – briefing documents – Ministerial Briefing System (MiBS) database Sections in the FOI Act: 28(1)(ba), 28(1)(d), 30, 32 Download this file: ‘BC4 and Department of Transport Freedom of Information 2020 VICmr 27 14 February 2020 - PDF (336 KB) -
‘BC3′ and Department of Health and Human Services (Freedom of Information) [2020] VICmr 26 (13 February 2020)
FREEDOM OF INFORMATION – child protection document – children – personal affairs information relating to children – investigation and assessment – secrecy provision
Decision information
Date of decision: 13 February 2020 Applicant: 'BC3' Agency: Citation: ‘BC3' and Department of Health and Human Services (Freedom of Information) [2020] VICmr 26 (13 February 2020) Headnote: FREEDOM OF INFORMATION – child protection document – children – personal affairs information relating to children – investigation and assessment – secrecy provision Sections in the FOI Act: 31(1)(a), 33(1), 38 Download this file: ‘BC3 and Department of Health and Human Services Freedom of Information 2020 VICmr 26 13 February 2020 - PDF (231 KB) -
‘BC2′ and Department of Health and Human Services (Freedom of Information) [2020] VICmr 25 (13 February 2020)
FREEDOM OF INFORMATION – recruitment documents – panel interview notes – panel scores – internal working documents – public interest considerations
Decision information
Date of decision: 13 February 2020 Applicant: 'BC2' Agency: Citation: ‘BC2' and Department of Health and Human Services (Freedom of Information) [2020] VICmr 25 (13 February 2020) Headnote: FREEDOM OF INFORMATION – recruitment documents – panel interview notes – panel scores – internal working documents – public interest considerations Sections in the FOI Act: 30 Download this file: ‘BC2 and Department of Health and Human Services Freedom of Information 2020 VICmr 25 13 February 2020 - PDF (184 KB) -
‘BB9′ and Victoria Police (Freedom of Information) [2020] VICmr 23 (10 February 2020)
FREEDOM OF INFORMATION – triple zero call – 000 – welfare check – Electronic Patrol Duty Return (ePDR) form – event chronology – confidential information – secrecy provision
Decision information
Date of decision: 10 February 2020 Applicant: 'BB9' Agency: Victoria Police Citation: ‘BB9' and Victoria Police (Freedom of Information) [2020] VICmr 23 (10 February 2020) Headnote: FREEDOM OF INFORMATION – triple zero call – 000 – welfare check – Electronic Patrol Duty Return (ePDR) form – event chronology – confidential information – secrecy provision Sections in the FOI Act: 33(1), 38 Download this file: ‘BB9 and Victoria Police Freedom of Information 2020 VICmr 23 10 February 2020 - PDF (385 KB) -
‘BB8′ and Major Transport Infrastructure Authority (Freedom of Information) [2020] VICmr 22 (7 February 2020)
FREEDOM OF INFORMATION – legal professional privilege – email communications between lawyer and client – infrastructure projects
Decision information
Date of decision: 7 February 2020 Applicant: 'BB8' Agency: Major Transport Infrastructure Authority Citation: ‘BB8' and Major Transport Infrastructure Authority (Freedom of Information) [2020] VICmr 22 (7 February 2020) Headnote: FREEDOM OF INFORMATION – legal professional privilege – email communications between lawyer and client – infrastructure projects Sections in the FOI Act: 32 Download this file: ‘BB8 and Major Transport Infrastructure Authority Freedom of Information 2020 VICmr 22 7 February 2020 - PDF (191 KB) -
‘BB6′ and Department of Health and Human Services (Freedom of Information) [2020] VICmr 20 (6 February 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: 6 February 2020 Applicant: 'BB6' Agency: Citation: ‘BB6' and Department of Health and Human Services (Freedom of Information) [2020] VICmr 20 (6 February 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: ‘BB6 and Department of Health and Human Services Freedom of Information 2020 VICmr 20 6 February 2020 - PDF (195 KB) -
‘BB7’ and Environment Protection Authority (Freedom of Information) [2020] VICmr 21 (6 February 2020)
FREEDOM OF INFORMATION – personal affairs information – map – contamination site – sampling results
Decision information
Date of decision: 6 February 2020 Applicant: 'BB7' Agency: Environment Protection Authority Citation: 'BB7' and Environment Protection Authority (Freedom of Information) [2020] VICmr 21 (6 February 2020) Headnote: FREEDOM OF INFORMATION – personal affairs information – map – contamination site – sampling results Sections in the FOI Act: 33(1) Download this file: BB7 and Environment Protection Authority Freedom of Information 2020 VICmr 21 6 February 2020 - PDF (203 KB) -
‘BB3’ and Department of Jobs, Precincts and Regions (Freedom of Information) [2020] VICmr 17 (3 February 2020)
FREEDOM OF INFORMATION – Victorian Industry Participation Policy (VIPP) – Local Jobs First Policy – name of planned subjects of audits – audits not undertaken
Decision information
Date of decision: 3 February 2020 Applicant: 'BB3' Agency: Citation: 'BB3' and Department of Jobs, Precincts and Regions (Freedom of Information) [2020] VICmr 17 (3 February 2020) Headnote: FREEDOM OF INFORMATION – Victorian Industry Participation Policy (VIPP) – Local Jobs First Policy – name of planned subjects of audits – audits not undertaken Sections in the FOI Act: 28(1)(d), 30 Download this file: BB3 and Department of Jobs Precincts and Regions Freedom of Information 2020 VICmr 17 3 February 2020 - PDF (197 KB) -
‘BB4’ and Eastern Health (Freedom of Information) [2020] VICmr 18 (3 February 2020)
FREEDOM OF INFORMATION – medical records – FOI requests – psychiatric triage – names of clinicians/medical practitioners – names of hospital staff – information provided by third parties – admissions episode clinical and risk assessment – patient correspondence
Decision information
Date of decision: 3 February 2020 Applicant: 'BB4' Agency: Eastern Health Citation: 'BB4' and Eastern Health (Freedom of Information) [2020] VICmr 18 (3 February 2020) Headnote: FREEDOM OF INFORMATION – medical records – FOI requests – psychiatric triage – names of clinicians/medical practitioners – names of hospital staff – information provided by third parties – admissions episode clinical and risk assessment – patient correspondence Sections in the FOI Act: 32, 33(1), 35(1)(b) Download this file: BB4 and Eastern Health Freedom of Information 2020 VICmr 18 3 February 2020 - PDF (516 KB)