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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‘BP4’ and Victorian WorkCover Authority (Freedom of Information) [2020] VICmr 147 (29 May 2020)
FREEDOM OF INFORMATION – legal professional privilege – summary brief and supporting documents
– request for legal advice – Occupational Health and Safety Act 2004 (Vic)Decision information
Date of decision: 29 May 2020 Applicant: 'BP4' Agency: Victorian WorkCover Authority (t/a WorkSafe) Citation: 'BP4' and Victorian WorkCover Authority (Freedom of Information) [2020] VICmr 147 (29 May 2020) Headnote: FREEDOM OF INFORMATION – legal professional privilege – summary brief and supporting documents – request for legal advice – Occupational Health and Safety Act 2004 (Vic) Sections in the FOI Act: 32, 33(1) Download this file: BP4 and Victorian WorkCover Authority Freedom of Information 2020 VICmr 147 29 May 2020 - PDF (844 KB) -
‘BP3’ and Victoria Police (Freedom of Information) [2020] VICmr 146 (29 May 2020)
FREEDOM OF INFORMATION – law enforcement documents – alleged assault – investigation documents – CCTV footage – LEAP report – witness statement – personal injury claim – personal affairs information – confidential information
Decision information
Date of decision: 29 May 2020 Applicant: 'BP3' Agency: Victoria Police Citation: 'BP3' and Victoria Police (Freedom of Information) [2020] VICmr 146 (29 May 2020)'BP3' and Victoria Police (Freedom of Information) [2020] VICmr 146 (29 May 2020) Headnote: FREEDOM OF INFORMATION – law enforcement documents – alleged assault – investigation documents – CCTV footage – LEAP report – witness statement – personal injury claim – personal affairs information – confidential information Sections in the FOI Act: 33(1), 25 Download this file: BP3 and Victoria Police Freedom of Information 2020 VICmr 146 29 May 2020 - PDF (657 KB) -
‘BP1’ and Department of Justice and Community Safety (Freedom of Information) [2020] VICmr 144 (27 May 2020)
FREEDOM OF INFORMATION – prison documents – Justice Health – death in correctional facility – action plan – prison and incident management – draft documents – factual information – deliberative process – release not contrary to public interest – secrecy provision
Decision information
Date of decision: 27 May 2020 Applicant: 'BP1' Agency: Department of Justice and Community Safety (DJCS) Citation: 'BP1' and Department of Justice and Community Safety (Freedom of Information) [2020] VICmr 144 (27 May 2020) Headnote: FREEDOM OF INFORMATION – prison documents – Justice Health – death in correctional facility – action plan – prison and incident management – draft documents – factual information – deliberative process – release not contrary to public interest – secrecy provision Sections in the FOI Act: 30, 33(1), 38 Download this file: BP1 and Department of Justice and Community Safety Freedom of Information 2020 VICmr 144 27 May 2020 - PDF (709 KB) -
‘BP2’ and Department of Justice and Community Safety (Freedom of Information) [2020] VICmr 145 (27 May 2020)
FREEDOM OF INFORMATION – recruitment documents – panel interview notes – panel scores – internal working documents – public interest considerations – personal affairs information of third parties
Decision information
Date of decision: 27 May 2020 Applicant: 'BP2' Agency: Department of Justice and Community Safety (DJCS) Citation: 'BP2' and Department of Justice and Community Safety (Freedom of Information) [2020] VICmr 145 (27 May 2020) Headnote: FREEDOM OF INFORMATION – recruitment documents – panel interview notes – panel scores – internal working documents – public interest considerations – personal affairs information of third parties Sections in the FOI Act: 30, 33(1), 25 Download this file: BP2 and Department of Justice and Community Safety Freedom of Information 2020 VICmr 145 27 May 2020 - PDF (924 KB) -
‘BO8’ and Office of Public Prosecutions (Freedom of Information) [2020] VICmr 142 (25 May 2020)
FREEDOM OF INFORMATION – plea submissions – personal affairs information – disclosure unreasonable
Decision information
Date of decision: 25 May 2020 Applicant: 'BO8' Agency: Office of Public Prosecutions Citation: 'BO8' and Office of Public Prosecutions (Freedom of Information) [2020] VICmr 142 (25 May 2020) Headnote: FREEDOM OF INFORMATION – plea submissions – personal affairs information – disclosure unreasonable Sections in the FOI Act: 33(1) Download this file: BO8 and Office of Public Prosecutions Freedom of Information 2020 VICmr 142 25 May 2020 - PDF (200 KB) -
‘BO4’ and Parks Victoria (Freedom of Information) [2020] VICmr 138 (19 May 2020)
FREEDOM OF INFORMATION – project documents – multiple FOI requests – substantial and unreasonable diversion of agency resources from other operations – consultation requirements under section 25A(6)
Decision information
Date of decision: 19 May 2020 Applicant: 'BO4' Agency: Parks Victoria Citation: 'BO4' and Parks Victoria (Freedom of Information) [2020] VICmr 138 (19 May 2020) Headnote: FREEDOM OF INFORMATION – project documents – multiple FOI requests – substantial and unreasonable diversion of agency resources from other operations – consultation requirements under section 25A(6) Sections in the FOI Act: 25A(1) Download this file: BO4 and Parks Victoria Freedom of Information 2020 VICmr 138 19 May 2020 - PDF (181 KB) -
‘BO3’ and Department of Health and Human Services (Freedom of Information) [2020] VICmr 137 (15 May 2020)
FREEDOM OF INFORMATION – Child Protection records – notifier information – intake record – secrecy provision – information provided in confidence – personal affairs information – disclosure not unreasonable
Decision information
Date of decision: 15 May 2020 Applicant: 'BO3' Agency: Citation: 'BO3' and Department of Health and Human Services (Freedom of Information) [2020] VICmr 137 (15 May 2020) Headnote: FREEDOM OF INFORMATION – Child Protection records – notifier information – intake record – secrecy provision – information provided in confidence – personal affairs information – disclosure not unreasonable Sections in the FOI Act: 31(1)(c), 33(1), 35(1)(b) Download this file: BO3 and Department of Health and Human Services Freedom of Information 2020 VICmr 137 15 May 2020 - PDF (345 KB) -
‘BO1’ and Department of Health and Human Services (Freedom of Information) [2020] VICmr 135 (14 May 2020)
FREEDOM OF INFORMATION – complaint investigation report – external consultant – Behaviour Change Program – information communicated in confidence – contrary to the public interest
Decision information
Date of decision: 14 May 2020 Applicant: 'BO1' Agency: Citation: 'BO1' and Department of Health and Human Services (Freedom of Information) [2020] VICmr 135 (14 May 2020) Headnote: FREEDOM OF INFORMATION – complaint investigation report – external consultant – Behaviour Change Program – information communicated in confidence – contrary to the public interest Sections in the FOI Act: 30, 35(1)(b) Download this file: BO1 and Department of Health and Human Services Freedom of Information 2020 VICmr 135 14 May 2020 - PDF (207 KB) -
‘BN8’ and Murrindindi Shire Council (Freedom of Information) [2020] VICmr 133 (13 May 2020)
FREEDOM OF INFORMATION – personal affairs information – court attendance – witnesses – third party wages or compensation – refusal to process request on grounds all documents would be exempt
Decision information
Date of decision: 13 May 2020 Applicant: 'BN8' Agency: Murrindindi Shire Council Citation: 'BN8' and Murrindindi Shire Council (Freedom of Information) [2020] VICmr 133 (13 May 2020) Headnote: FREEDOM OF INFORMATION – personal affairs information – court attendance – witnesses – third party wages or compensation – refusal to process request on grounds all documents would be exempt Sections in the FOI Act: 25A(5), 33(1) Download this file: BN8 and Murrindindi Shire Council Freedom of Information 2020 VICmr 133 13 May 2020 - PDF (201 KB) -
‘BN7’ and Bendigo Health Care Group (Freedom of Information) [2020] VICmr 132 (13 May 2020)
FREEDOM OF INFORMATION – medical records – health records – secrecy provision – prohibition on release of third party medical records
Decision information
Date of decision: 13 May 2020 Applicant: 'BN7' Agency: Bendigo Health Care Group Citation: 'BN7' and Bendigo Health Care Group (Freedom of Information) [2020] VICmr 132 (13 May 2020) Headnote: FREEDOM OF INFORMATION – medical records – health records – secrecy provision – prohibition on release of third party medical records Sections in the FOI Act: 38 Download this file: BN7 and Bendigo Health Care Group Freedom of Information 2020 VICmr 132 13 May 2020 - PDF (182 KB) -
‘BN9’ and Austin Health (Freedom of Information) [2020] VICmr 134 (13 May 2020)
FREEDOM OF INFORMATION – medical records – health records – secrecy provision – prohibition on release of third party medical records
Decision information
Date of decision: 13 May 2020 Applicant: 'BN9' Agency: Austin Health Citation: 'BN9' and Austin Health (Freedom of Information) [2020] VICmr 134 (13 May 2020) Headnote: FREEDOM OF INFORMATION – medical records – health records – secrecy provision – prohibition on release of third party medical records Sections in the FOI Act: 33(1), 38 Download this file: BN9 and Austin Health Freedom of Information 2020 VICmr 134 13 May 2020 - PDF (181 KB) -
‘BN5’ and Victoria Police (Freedom of Information) [2020] VICmr 130 (11 May 2020)
FREEDOM OF INFORMATION – law enforcement documents – police investigation – CCTV footage – witness statements – personal affairs information
Decision information
Date of decision: 11 May 2020 Applicant: 'BN5' Agency: Victoria Police Citation: 'BN5' and Victoria Police (Freedom of Information) [2020] VICmr 130 (11 May 2020) Headnote: FREEDOM OF INFORMATION – law enforcement documents – police investigation – CCTV footage – witness statements – personal affairs information Sections in the FOI Act: 31(1)(d), 33(1), 35(1)(b) Download this file: BN5 and Victoria Police Freedom of Information 2020 VICmr 130 11 May 2020 - PDF (454 KB) -
‘BN3’ and Victorian WorkCover Authority (Freedom of Information) [2020] VICmr 128 (8 May 2020)
FREEDOM OF INFORMATION – WorkSafe claims data – personal affairs information – unreasonable disclosure
Decision information
Date of decision: 8 May 2020 Applicant: 'BN3' Agency: Victorian WorkCover Authority (t/a WorkSafe) Citation: 'BN3' and Victorian WorkCover Authority (Freedom of Information) [2020] VICmr 128 (8 May 2020) Headnote: FREEDOM OF INFORMATION – WorkSafe claims data – personal affairs information – unreasonable disclosure Sections in the FOI Act: 33(1) Download this file: BN3 and Victorian WorkCover Authority Freedom of Information 2020 VICmr 128 8 May 2020 - PDF (194 KB) -
‘BN6’ and Department of Jobs, Precincts and Regions (Freedom of Information) [2020] VICmr 131 (8 May 2020)
FREEDOM OF INFORMATION – complaint investigation – internal working documents – email correspondence – prejudice an ongoing investigation
Decision information
Date of decision: 8 May 2020 Applicant: 'BN6' Agency: Citation: 'BN6' and Department of Jobs, Precincts and Regions (Freedom of Information) [2020] VICmr 131 (8 May 2020) Headnote: FREEDOM OF INFORMATION – complaint investigation – internal working documents – email correspondence – prejudice an ongoing investigation Sections in the FOI Act: 31(1)(a) Download this file: BN6 and Department of Jobs Precincts and Regions Freedom of Information 2020 VICmr 131 8 May 2020 - PDF (191 KB) -
‘BN2’ and Department of Treasury and Finance (Freedom of Information) [2020] VICmr 127 (6 May 2020)
FREEDOM OF INFORMATION – Cabinet documents – ministerial brief – Suburban Rail Loop project –
internal working documentsDecision information
Date of decision: 6 May 2020 Applicant: 'BN2' Agency: Department of Treasury and Finance (DTF) Citation: 'BN2' and Department of Treasury and Finance (Freedom of Information) [2020] VICmr 127 (6 May 2020) Headnote: FREEDOM OF INFORMATION – Cabinet documents – ministerial brief – Suburban Rail Loop project - internal working documents Sections in the FOI Act: 28(1)(b), 28(1)(ba), 30 Download this file: BN2 and Department of Treasury and Finance Freedom of Information 2020 VICmr 127 6 May 2020 - PDF (436 KB)