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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‘BM8’ and Mount Alexander Shire Council (Freedom of Information) [2020] VICmr 123 (28 April 2020)
FREEDOM OF INFORMATION – council documents – complaint made to council – letter of complaint – customer service inquiry –information obtained in confidence – disclosure contrary to the public interest
Decision information
Date of decision: 28 April 2020 Applicant: 'BM8' Agency: Mount Alexander Shire Council Citation: 'BM8' and Mount Alexander Shire Council (Freedom of Information) [2020] VICmr 123 (28 April 2020) Headnote: FREEDOM OF INFORMATION – council documents – complaint made to council – letter of complaint – customer service inquiry –information obtained in confidence – disclosure contrary to the public interest Sections in the FOI Act: 35(1)(b) Download this file: BM8 and Mount Alexander Shire Council Freedom of Information 2020 VICmr 123 28 April 2020 - PDF (293 KB) -
‘BM7’ and Austin Health (Freedom of Information) [2020] VICmr 122 (23 April 2020)
FREEDOM OF INFORMATION – amendment request – hospital record – misleading impression – information not incorrect or misleading
Decision information
Date of decision: 23 April 2020 Applicant: 'BM7' Agency: Austin Health Citation: 'BM7' and Austin Health (Freedom of Information) [2020] VICmr 122 (23 April 2020) Headnote: FREEDOM OF INFORMATION – amendment request – hospital record – misleading impression – information not incorrect or misleading Sections in the FOI Act: 39 Download this file: BM7 and Austin Health Freedom of Information 2020 VICmr 122 23 April 2020 - PDF (199 KB) -
‘BM6’ and Department of Health and Human Services (Freedom of Information) [2020] VICmr 121 (23 April 2020)
FREEDOM OF INFORMATION – request for amendment – in-person conversation note – misleading impression – misleading statement – information in the nature of opinion
Decision information
Date of decision: 23 April 2020 Applicant: 'BM6' Agency: Citation: 'BM6' and Department of Health and Human Services (Freedom of Information) [2020] VICmr 121 (23 April 2020) Headnote: FREEDOM OF INFORMATION – request for amendment – in-person conversation note – misleading impression – misleading statement – information in the nature of opinion Sections in the FOI Act: 39 Download this file: BM6 and Department of Health and Human Services Freedom of Information 2020 VICmr 121 23 April 2020 - PDF (188 KB) -
‘BM5’ and Development Victoria (Freedom of Information) [2020] VICmr 120 (23 April 2020)
FREEDOM OF INFORMATION – meeting agendas – meeting minutes – board meetings – audit committee meetings – meeting packs – substantial and unreasonable diversion of agency resources from its other operations
Decision information
Date of decision: 23 April 2020 Applicant: 'BM5' Agency: Development Victoria Citation: 'BM5' and Development Victoria (Freedom of Information) [2020] VICmr 120 (23 April 2020) Headnote: FREEDOM OF INFORMATION – meeting agendas – meeting minutes – board meetings – audit committee meetings – meeting packs – substantial and unreasonable diversion of agency resources from its other operations Sections in the FOI Act: 25A(1) Download this file: BM5 and Development Victoria Freedom of Information 2020 VICmr 120 23 April 2020 - PDF (235 KB) -
‘BM4’ and Mornington Peninsula Shire (Freedom of Information) [2020] VICmr 119 (22 April 2020)
FREEDOM OF INFORMATION – maternal child health records – health information – personal affairs information – third party information – disclosure unreasonable
Decision information
Date of decision: 22 April 2020 Applicant: 'BM4' Agency: Mornington Peninsula Shire Council Citation: 'BM4' and Mornington Peninsula Shire (Freedom of Information) [2020] VICmr 119 (22 April 2020) Headnote: FREEDOM OF INFORMATION – maternal child health records – health information – personal affairs information – third party information – disclosure unreasonable Sections in the FOI Act: 33(1) Download this file: BM4 and Mornington Peninsula Shire Freedom of Information 2020 VICmr 119 22 April 2020 - PDF (197 KB) -
‘BM3’ and Victoria Police (Freedom of Information) [2020] VICmr 118 (21 April 2020)
FREEDOM OF INFORMATION – law enforcement documents – police records – criminal investigation – alleged offence – personal affairs information of third party – unreasonable disclosure of personal affairs information – documents not subject to FOI Act
Decision information
Date of decision: 21 April 2020 Applicant: 'BM3' Agency: Victoria Police Citation: 'BM3' and Victoria Police (Freedom of Information) [2020] VICmr 118 (21 April 2020) Headnote: FREEDOM OF INFORMATION – law enforcement documents – police records – criminal investigation – alleged offence – personal affairs information of third party – unreasonable disclosure of personal affairs information – documents not subject to FOI Act Sections in the FOI Act: 33(1) Download this file: BM3 and Victoria Police Freedom of Information 2020 VICmr 118 21 April 2020 - PDF (511 KB) -
‘BL8’ and Department of Jobs, Precincts and Regions (Freedom of Information) [2020] VICmr 114 (17 April 2020)
FREEDOM OF INFORMATION – briefing documents – Public Accounts and Estimates Committee hearing – internal working documents
Decision information
Date of decision: 17 April 2020 Applicant: 'BL8' Agency: Citation: ‘BL8’ and Department of Jobs, Precincts and Regions (Freedom of Information) [2020] VICmr 114 (17 April 2020) Headnote: FREEDOM OF INFORMATION – briefing documents – Public Accounts and Estimates Committee hearing – internal working documents Sections in the FOI Act: 30 Download this file: ‘BL8’ and Department of Jobs Precincts and Regions Freedom of Information 2020 VICmr 114 17 April 2020 - PDF (212 KB) -
‘BM1’ and Victoria Police (Freedom of Information) [2020] VICmr 116 (17 April 2020)
FREEDOM OF INFORMATION – police records – law enforcement documents – Law Enforcement Assistance Program (LEAP) database – child protection – incident report – personal affairs information – secrecy provision
Decision information
Date of decision: 17 April 2020 Applicant: 'BM1' Agency: Victoria Police Citation: 'BM1' and Victoria Police (Freedom of Information) [2020] VICmr 116 (17 April 2020) Headnote: FREEDOM OF INFORMATION – police records – law enforcement documents – Law Enforcement Assistance Program (LEAP) database – child protection – incident report – personal affairs information – secrecy provision Sections in the FOI Act: 33(1), 38 Download this file: BM1 and Victoria Police Freedom of Information 2020 VICmr 116 17 April 2020 - PDF (206 KB) -
‘BL9′ and Victoria Police (Freedom of Information) [2020] VICmr 115 (17 April 2020)
FREEDOM OF INFORMATION – recruitment documents – police recruitment process – employment assessment – psychological interview notes – psychological reports – referee reports – internal working documents – contrary to the public interest
Decision information
Date of decision: 17 April 2020 Applicant: 'BL9' Agency: Victoria Police Citation: ‘BL9' and Victoria Police (Freedom of Information) [2020] VICmr 115 (17 April 2020) Headnote: FREEDOM OF INFORMATION – recruitment documents – police recruitment process – employment assessment – psychological interview notes – psychological reports – referee reports – internal working documents – contrary to the public interest Sections in the FOI Act: 30 Download this file: ‘BL9 and Victoria Police Freedom of Information 2020 VICmr 115 17 April 2020 - PDF (715 KB) -
‘BL7’ and Victoria Police (Freedom of Information) [2020] VICmr 113 (15 April 2020)
FREEDOM OF INFORMATION – police document – Law Enforcement Assistance Program (LEAP) report – case progress – amendment request – information not incorrect or misleading
Decision information
Date of decision: 15 April 2020 Applicant: 'BL7' Agency: Victoria Police Citation: ‘BL7’ and Victoria Police (Freedom of Information) [2020] VICmr 113 (15 April 2020) Headnote: FREEDOM OF INFORMATION – police document – Law Enforcement Assistance Program (LEAP) report – case progress – amendment request – information not incorrect or misleading Sections in the FOI Act: 39 Download this file: ‘BL7’ and Victoria Police Freedom of Information 2020 VICmr 113 15 April 2020 - PDF (177 KB) -
‘BL6’ and Department of Transport (Freedom of Information) [2020] VICmr 112 (14 April 2020)
FREEDOM OF INFORMATION – meeting minutes – meeting agenda – reference group – community representatives – infrastructure project
Decision information
Date of decision: 14 April 2020 Applicant: 'BL6' Agency: Citation: 'BL6' and Department of Transport (Freedom of Information) [2020] VICmr 112 (14 April 2020) Headnote: FREEDOM OF INFORMATION – meeting minutes – meeting agenda – reference group – community representatives – infrastructure project Sections in the FOI Act: 30, 33(1) Download this file: BL6 and Department of Transport Freedom of Information 2020 VICmr 112 14 April 2020 - PDF (281 KB) -
‘BL5’ and Victoria Police (Freedom of Information) [2020] VICmr 111 (9 April 2020)
FREEDOM OF INFORMATION – retrospective operation of FOI Act – documents not subject to FOI Act – documents created prior to commencement of Act – Law Enforcement Assistance Program (LEAP) – LEAP record – personal affairs information – deceased family member
Decision information
Date of decision: 9 April 2020 Applicant: 'BL5' Agency: Victoria Police Citation: 'BL5' and Victoria Police (Freedom of Information) [2020] VICmr 111 (9 April 2020) Headnote: FREEDOM OF INFORMATION – retrospective operation of FOI Act – documents not subject to FOI Act – documents created prior to commencement of Act – Law Enforcement Assistance Program (LEAP) – LEAP record – personal affairs information – deceased family member Sections in the FOI Act: 33(1), 19 Download this file: BL5 and Victoria Police Freedom of Information 2020 VICmr 111 9 April 2020 - PDF (178 KB) -
‘BL3’ and Victoria Police (Freedom of Information) [2020] VICmr 109 (8 April 2020)
FREEDOM OF INFORMATION – law enforcement documents – police documents – CCTV footage – potential civil proceedings – personal affairs information of third parties – disclosure unreasonable
Decision information
Date of decision: 8 April 2020 Applicant: 'BL3' Agency: Victoria Police Citation: 'BL3' and Victoria Police (Freedom of Information) [2020] VICmr 109 (8 April 2020) Headnote: FREEDOM OF INFORMATION – law enforcement documents – police documents – CCTV footage – potential civil proceedings – personal affairs information of third parties – disclosure unreasonable Sections in the FOI Act: 33(1) Download this file: BL3 and Victoria Police Freedom of Information 2020 VICmr 109 8 April 2020 - PDF (198 KB) -
‘BL4’ and Victorian WorkCover Authority (Freedom of Information) [2020] VICmr 110 (8 April 2020)
FREEDOM OF INFORMATION – workplace investigation – personal affairs information of individuals other than the applicant – unreasonable disclosure of personal affairs information.
Decision information
Date of decision: 8 April 2020 Applicant: 'BL4' Agency: Victorian WorkCover Authority (t/a WorkSafe) Citation: 'BL4' and Victorian WorkCover Authority (Freedom of Information) [2020] VICmr 110 (8 April 2020) Headnote: FREEDOM OF INFORMATION – workplace investigation – personal affairs information of individuals other than the applicant – unreasonable disclosure of personal affairs information. Sections in the FOI Act: 33(1) Download this file: BL4 and Victorian WorkCover Authority Freedom of Information 2020 VICmr 110 8 April 2020 - PDF (332 KB) -
‘BL2’ and Ballarat Health Services (Freedom of Information) [2020] VICmr 108 (8 April 2020)
FREEDOM OF INFORMATION – medical records – health records – deceased family member – next of kin – personal affairs information – unreasonable disclosure of information
Decision information
Date of decision: 8 April 2020 Applicant: 'BL2' Agency: Ballarat Health Services Citation: 'BL2' and Ballarat Health Services (Freedom of Information) [2020] VICmr 108 (8 April 2020) Headnote: FREEDOM OF INFORMATION – medical records – health records – deceased family member – next of kin – personal affairs information – unreasonable disclosure of information Sections in the FOI Act: 33(1) Download this file: BL2 and Ballarat Health Services Freedom of Information 2020 VICmr 108 8 April 2020 - PDF (172 KB) -
‘BK8’ and Zoological Parks and Gardens Board (Freedom of Information) [2020] VICmr 105 (7 April 2020)
FREEDOM OF INFORMATION – creation of document – data extracted to create document – cause of animal deaths
Decision information
Date of decision: 7 April 2020 Applicant: 'BK8' Agency: Zoological Parks and Gardens Board Citation: 'BK8' and Zoological Parks and Gardens Board (Freedom of Information) [2020] VICmr 105 (7 April 2020) Headnote: FREEDOM OF INFORMATION – creation of document – data extracted to create document – cause of animal deaths Sections in the FOI Act: 19 Download this file: BK8 and Zoological Parks and Gardens Board Freedom of Information 2020 VICmr 105 7 April 2020 - PDF (175 KB) -
‘BL1’ and Department of Treasury and Finance (Freedom of Information) [2020] VICmr 107 (7 April 2020)
FREEDOM OF INFORMATION – Ministerial briefs – titles of Ministerial briefs – briefing documents
Decision information
Date of decision: 7 April 2020 Applicant: 'BL1' Agency: Department of Treasury and Finance (DTF) Citation: 'BL1' and Department of Treasury and Finance (Freedom of Information) [2020] VICmr 107 (7 April 2020) Headnote: FREEDOM OF INFORMATION – Ministerial briefs – titles of Ministerial briefs – briefing documents Sections in the FOI Act: 30 Download this file: BL1 and Department of Treasury and Finance Freedom of Information 2020 VICmr 107 7 April 2020 - PDF (181 KB) -
‘BK7’ and Moonee Valley City Council (Freedom of Information) [2020] VICmr 104 (1 April 2020)
FREEDOM OF INFORMATION – council documents – local government – project – correspondence between agency officers – correspondence from third parties with agency – information obtained in confidence
Decision information
Date of decision: 1 April 2020 Applicant: 'BK7' Agency: Moonee Valley City Council Citation: 'BK7' and Moonee Valley City Council (Freedom of Information) [2020] VICmr 104 (1 April 2020) Headnote: FREEDOM OF INFORMATION – council documents – local government – project – correspondence between agency officers – correspondence from third parties with agency – information obtained in confidence Sections in the FOI Act: 30, 33(1), 35(1)(b) Download this file: BK7 and Moonee Valley City Council Freedom of Information 2020 VICmr 104 1 April 2020 - PDF (808 KB)