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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‘BU6’ and Department of Health and Human Services (Freedom of Information) [2020] VICmr 197 (30 June 2020)
FREEDOM OF INFORMATION – wardship record – documents affecting personal privacy
Decision information
Date of decision: 30 June 2020 Applicant: 'BU6' Agency: Citation: 'BU6' and Department of Health and Human Services (Freedom of Information) [2020] VICmr 197 (30 June 2020) Headnote: FREEDOM OF INFORMATION – wardship record – documents affecting personal privacy Sections in the FOI Act: 33(1) Download this file: BU6 and Department of Health and Human Services Freedom of Information 2020 VICmr 197 30 June 2020 - PDF (196 KB) -
‘CH6’ and Department of Education and Training (Freedom of Information) [2020] VICmr 198 (30 June 2020)
FREEDOM OF INFORMATION – audit report – community language schools – public funding – public interest in favour of disclosure
Decision information
Date of decision: 30 June 2020 Applicant: 'CH6' Agency: Citation: 'CH6' and Department of Education and Training (Freedom of Information) [2020] VICmr 198 (30 June 2020) Headnote: FREEDOM OF INFORMATION – audit report – community language schools – public funding – public interest in favour of disclosure Sections in the FOI Act: 30, 31(1)(a), 33(1) Download this file: CH6 and Department of Education and Training Freedom of Information 2020 VICmr 198 30 June 2020 - PDF (279 KB) -
‘BT6’ and Department of Health and Human Services (Freedom of Information) [2020] VICmr 188 (30 June 2020)
FREEDOM OF INFORMATION – Child Protection documents – refusal to process an FOI request – prejudice proper administration of the law – prohibited disclosure of confidential information – secrecy provision
Decision information
Date of decision: 30 June 2020 Applicant: 'BT6' Agency: Citation: 'BT6' and Department of Health and Human Services (Freedom of Information) [2020] VICmr 188 (30 June 2020) Headnote: FREEDOM OF INFORMATION – Child Protection documents – refusal to process an FOI request – prejudice proper administration of the law – prohibited disclosure of confidential information – secrecy provision Sections in the FOI Act: 25A(5), 31(1)(a), 31(1)(c), 38 Download this file: BT6 and Department of Health and Human Services Freedom of Information 2020 VICmr 188 30 June 2020 - PDF (204 KB) -
‘BT8’ and The Royal Women’s Hospital (Freedom of Information) [2020] VICmr 190 (30 June 2020)
FREEDOM OF INFORMATION – historical medical record – labour record – birth mother – adoptee – pregnancy information – siblings – personal affairs information of birth mother – personal affairs information of child – disclosure not unreasonable
Decision information
Date of decision: 30 June 2020 Applicant: 'BT8' Agency: Royal Women’s Hospital Citation: 'BT8' and The Royal Women's Hospital (Freedom of Information) [2020] VICmr 190 (30 June 2020) Headnote: FREEDOM OF INFORMATION – historical medical record – labour record – birth mother – adoptee – pregnancy information – siblings – personal affairs information of birth mother – personal affairs information of child – disclosure not unreasonable Sections in the FOI Act: 33(1) Download this file: BT8 and The Royal Womens Hospital Freedom of Information 2020 VICmr 190 30 June 2020 - PDF (270 KB) -
‘BT4’ and Department of Health and Human Services (Freedom of Information) [2020] VICmr 186 (30 June 2020)
FREEDOM OF INFORMATION – Child Protection documents – refusal to process an FOI request – prejudice proper administration of the law – prohibited disclosure of confidential information – secrecy provision
Decision information
Date of decision: 29 June 2020 Applicant: 'BT4' Agency: Citation: 'BT4' and Department of Health and Human Services (Freedom of Information) [2020] VICmr 186 (30 June 2020) Headnote: FREEDOM OF INFORMATION – Child Protection documents – refusal to process an FOI request – prejudice proper administration of the law – prohibited disclosure of confidential information – secrecy provision Sections in the FOI Act: 25A(5), 31(1)(a), 31(1)(c), 38 Download this file: BT4 and Department of Health and Human Services Freedom of Information 2020 VICmr 186 29 June 2020 - PDF (222 KB) -
‘BS7’ and Victorian WorkCover Authority (Freedom of Information) [2020] VICmr 180 (29 June 2020)
FREEDOM OF INFORMATION – WorkSafe records – personal affairs information – disclosure unreasonable
Decision information
Date of decision: 29 June 2020 Applicant: 'BS7' Agency: Victorian WorkCover Authority (t/a WorkSafe) Citation: 'BS7' and Victorian WorkCover Authority (Freedom of Information) [2020] VICmr 180 (29 June 2020) Headnote: FREEDOM OF INFORMATION – WorkSafe records – personal affairs information – disclosure unreasonable Sections in the FOI Act: 33(1) Download this file: BS7 and Victorian WorkCover Authority Freedom of Information 2020 VICmr 180 29 June 2020 - PDF (186 KB) -
‘BT1’ and Infrastructure Victoria (Freedom of Information) [2020] VICmr 183 (29 June 2020)
FREEDOM OF INFORMATION – infrastructure projects – transport modelling – infrastructure costing and analysis – external consultant reports – confidentiality provision – secrecy provision
Decision information
Date of decision: 29 June 2020 Applicant: 'BT1' Agency: Infrastructure Victoria Citation: 'BT1' and Infrastructure Victoria (Freedom of Information) [2020] VICmr 183 (29 June 2020) Headnote: FREEDOM OF INFORMATION – infrastructure projects – transport modelling – infrastructure costing and analysis – external consultant reports – confidentiality provision – secrecy provision Sections in the FOI Act: 30, 35(1)(a), 35(1)(b), 36(1)(a), 38 Download this file: BT1 and Infrastructure Victoria Freedom of Information 2020 VICmr 183 29 June 2020 - PDF (488 KB) -
‘BS2’ and Department of Health and Human Services (Freedom of Information) [2020] VICmr 174 (26 June 2020)
FREEDOM OF INFORMATION – Child Protection documents – refusal to process an FOI request – prejudice proper administration of the law – prohibited disclosure of confidential information – secrecy provision
Decision information
Date of decision: 26 June 2020 Applicant: 'BS2' Agency: Citation: 'BS2' and Department of Health and Human Services (Freedom of Information) [2020] VICmr 174 (26 June 2020) Headnote: FREEDOM OF INFORMATION – Child Protection documents – refusal to process an FOI request – prejudice proper administration of the law – prohibited disclosure of confidential information – secrecy provision Sections in the FOI Act: 25A(5), 31(1)(a), 31(1)(c), 38 Download this file: BS2 and Department of Health and Human Services Freedom of Information 2020 VICmr 174 26 June 2020 - PDF (222 KB) -
‘BS3’ and Monash University (Freedom of Information) [2020] VICmr 175 (26 June 2020)
FREEDOM OF INFORMATION – personal affairs information – third party education records – refusal to process request on grounds all documents would be exempt
Decision information
Date of decision: 26 June 2020 Applicant: 'BS3' Agency: Monash University Citation: 'BS3' and Monash University (Freedom of Information) [2020] VICmr 175 (26 June 2020) Headnote: FREEDOM OF INFORMATION – personal affairs information – third party education records – refusal to process request on grounds all documents would be exempt Sections in the FOI Act: 25A(5), 33(1) Download this file: BS3 and Monash University Freedom of Information 2020 VICmr 175 26 June 2020 - PDF (194 KB) -
‘BS5’ and Austin Health (Freedom of Information) [2020] VICmr 177 (26 June 2020)
FREEDOM OF INFORMATION – medical records – health records – secrecy provision – prohibition on release of third party medical records – senior next of kin
Decision information
Date of decision: 26 June 2020 Applicant: 'BS5' Agency: Austin Health Citation: 'BS5' and Austin Health (Freedom of Information) [2020] VICmr 177 (26 June 2020) Headnote: FREEDOM OF INFORMATION – medical records – health records – secrecy provision – prohibition on release of third party medical records – senior next of kin Sections in the FOI Act: 38 Download this file: BS5 and Austin Health Freedom of Information 2020 VICmr 177 26 June 2020 - PDF (182 KB) -
‘Lower Our Tracks Incorporated’ and Major Transport Infrastructure Authority(Freedom of Information) [2020] VICmr 179 (26 June 2020)
FREEDOM OF INFORMATION – rail infrastructure – preliminary designs – future 3rd and 4th track alignment Caulfield to Dandenong – design report – tender documents
Decision information
Date of decision: 26 June 2020 Applicant: Lower Our Tracks Incorporated Agency: Major Transport Infrastructure Authority Citation: 'Lower Our Tracks Incorporated' and Major Transport Infrastructure Authority(Freedom of Information) [2020] VICmr 179 (26 June 2020) Headnote: FREEDOM OF INFORMATION – rail infrastructure – preliminary designs – future 3rd and 4th track alignment Caulfield to Dandenong – design report – tender documents Sections in the FOI Act: 30 Download this file: Lower Our Tracks Incorporated and Major Transport Infrastructure Authority Freedom of Information 2020 VICmr 179 26 June 2020 - PDF (556 KB) -
‘BR7’ and Victoria Police (Freedom of Information) [2020] VICmr 170 (24 June 2020)
FREEDOM OF INFORMATION – law enforcement documents – police documents – witness statements
Decision information
Date of decision: 24 June 2020 Applicant: 'BR7' Agency: Victoria Police Citation: 'BR7' and Victoria Police (Freedom of Information) [2020] VICmr 170 (24 June 2020) Headnote: FREEDOM OF INFORMATION – law enforcement documents – police documents – witness statements Sections in the FOI Act: 31(1)(d), 33(1), 35(1)(b) Download this file: BR7 and Victoria Police Freedom of Information 2020 VICmr 170 24 June 2020 - PDF (347 KB) -
‘BR6′ and Department of Transport (Freedom of Information) [2020] VICmr 169 (24 June 2020)
FREEDOM OF INFORMATION – all emails to and from agency head – chief executive officer (CEO) –– substantial and unreasonable diversion of Agency resources from its other operations
Decision information
Date of decision: 24 June 2020 Applicant: 'BR6' Agency: Citation: ‘BR6' and Department of Transport (Freedom of Information) [2020] VICmr 169 (24 June 2020) Headnote: FREEDOM OF INFORMATION – all emails to and from agency head – chief executive officer (CEO) –– substantial and unreasonable diversion of Agency resources from its other operations Sections in the FOI Act: 25A(1) Download this file: ‘BR6 and Department of Transport Freedom of Information 2020 VICmr 169 24 June 2020 - PDF (205 KB) -
‘BS1’ and Department of Justice and Community Safety (Freedom of Information) [2020] VICmr 173 (24 June 2020)
FREEDOM OF INFORMATION – prisoner – prison staff – prison incidents – prison visitors – prison visitor ban – security management and management of prisons and prisoners – secrecy provision
Decision information
Date of decision: 24 June 2020 Applicant: 'BS1' Agency: Department of Justice and Community Safety (DJCS) Citation: 'BS1' and Department of Justice and Community Safety (Freedom of Information) [2020] VICmr 173 (24 June 2020) Headnote: FREEDOM OF INFORMATION – prisoner – prison staff – prison incidents – prison visitors – prison visitor ban – security management and management of prisons and prisoners – secrecy provision Sections in the FOI Act: 38 Download this file: BS1 and Department of Justice and Community Safety Freedom of Information 2020 VICmr 173 24 June 2020 - PDF (198 KB) -
‘BR8’ and Australian Grand Prix Corporation (Freedom of Information) [2020] VICmr 171 (23 June 2020)
FREEDOM OF INFORMATION – names of corporate clients – company names – agency engaged in trade or commerce
Decision information
Date of decision: 23 June 2020 Applicant: 'BR8' Agency: Australian Grand Prix Corporation Citation: 'BR8' and Australian Grand Prix Corporation (Freedom of Information) [2020] VICmr 171 (23 June 2020) Headnote: FREEDOM OF INFORMATION – names of corporate clients – company names – agency engaged in trade or commerce Sections in the FOI Act: 34(4)(a)(ii) Download this file: BR8 and Australian Grand Prix Corporation Freedom of Information 2020 VICmr 171 23 June 2020 - PDF (178 KB) -
‘BR4’ and Monash Health (Freedom of Information) [2020] VICmr 165 (22 June 2020)
FREEDOM OF INFORMATION – medical records – personal affairs information – unreasonable disclosure – information obtained in confidence – disclosure contrary to the public interest
Decision information
Date of decision: 22 June 2020 Applicant: 'BR4' Agency: Monash Health Citation: 'BR4' and Monash Health (Freedom of Information) [2020] VICmr 165 (22 June 2020) Headnote: FREEDOM OF INFORMATION – medical records – personal affairs information – unreasonable disclosure – information obtained in confidence – disclosure contrary to the public interest Sections in the FOI Act: 33(1), 35(1)(a) Download this file: BR4 and Monash Health Freedom of Information 2020 VICmr 165 22 June 2020 - PDF (538 KB) -
‘BR5′ and Victoria Police (Freedom of Information) [2020] VICmr 167 (22 June 2020)
FREEDOM OF INFORMATION – workplace documents – emails – return to work – contrary to the public interest to release
Decision information
Date of decision: 22 June 2020 Applicant: 'BR5' Agency: Victoria Police Citation: ‘BR5' and Victoria Police (Freedom of Information) [2020] VICmr 167 (22 June 2020) Headnote: FREEDOM OF INFORMATION – workplace documents – emails – return to work – contrary to the public interest to release Sections in the FOI Act: 30 Download this file: ‘BR5 and Victoria Police Freedom of Information 2020 VICmr 167 22 June 2020 - PDF (179 KB) -
‘BU8’ and Game Management Authority (Freedom of Information) [2020] VICmr 168 (22 June 2020)
FREEDOM OF INFORMATION – briefs of evidence – prosecution services – subject to legal professional privilege
Decision information
Date of decision: 22 June 2020 Applicant: 'BU8' Agency: Game Management Authority Citation: 'BU8' and Game Management Authority (Freedom of Information) [2020] VICmr 168 (22 June 2020) Headnote: FREEDOM OF INFORMATION – briefs of evidence – prosecution services – subject to legal professional privilege Sections in the FOI Act: 32 Download this file: BU8 and Game Management Authority Freedom of Information 2020 VICmr 168 22 June 2020 - PDF (666 KB) -
‘BR2’ and Department of Education and Training (Freedom of Information) [2020] VICmr 163 (19 June 2020)
FREEDOM OF INFORMATION – Cabinet submissions – ministerial briefing document
Decision information
Date of decision: 19 June 2020 Applicant: 'BR2' Agency: Citation: 'BR2' and Department of Education and Training (Freedom of Information) [2020] VICmr 163 (19 June 2020) Headnote: FREEDOM OF INFORMATION – Cabinet submissions – ministerial briefing document Sections in the FOI Act: 28(1)(ba) Download this file: BR2 and Department of Education and Training Freedom of Information 2020 VICmr 163 19 June 2020 - PDF (171 KB) -
‘BR1’ and Department of Education and Training (Freedom of Information) [2020] VICmr 162 (19 June 2020)
FREEDOM OF INFORMATION – Cabinet document – Skills First Evaluation
Decision information
Date of decision: 19 June 2020 Applicant: 'BR1' Agency: Citation: 'BR1' and Department of Education and Training (Freedom of Information) [2020] VICmr 162 (19 June 2020) Headnote: FREEDOM OF INFORMATION – Cabinet document – Skills First Evaluation Sections in the FOI Act: 28(1)(b) Download this file: BR1 and Department of Education and Training Freedom of Information 2020 VICmr 162 19 June 2020 - PDF (167 KB) -
‘BQ9’ and Victoria Police (Freedom of Information) [2020] VICmr 161 (18 June 2020)
FREEDOM OF INFORMATION – law enforcement documents – police investigation – witness statements – audio recording – personal affairs information – disclosure unreasonable – secrecy provision
Decision information
Date of decision: 18 June 2020 Applicant: 'BQ9' Agency: Victoria Police Citation: 'BQ9' and Victoria Police (Freedom of Information) [2020] VICmr 161 (18 June 2020) Headnote: FREEDOM OF INFORMATION – law enforcement documents – police investigation – witness statements – audio recording – personal affairs information – disclosure unreasonable – secrecy provision Sections in the FOI Act: 33(1), 38 Download this file: BQ9 and Victoria Police Freedom of Information 2020 VICmr 161 18 June 2020 - PDF (202 KB) -
‘BQ8’ and Eastern Health (Freedom of Information) [2020] VICmr 160 (17 June 2020)
FREEDOM OF INFORMATION – health records – medical records – emergency department attendance summary – information communicated in confidence – disclosure contrary to the public interest
Decision information
Date of decision: 17 June 2020 Applicant: 'BQ8' Agency: Eastern Health Citation: 'BQ8' and Eastern Health (Freedom of Information) [2020] VICmr 160 (17 June 2020) Headnote: FREEDOM OF INFORMATION – health records – medical records – emergency department attendance summary – information communicated in confidence – disclosure contrary to the public interest Sections in the FOI Act: 35(1)(b) Download this file: BQ8 and Eastern Health Freedom of Information 2020 VICmr 160 17 June 2020 - PDF (178 KB) -
‘BQ3’ and Department of Health and Human Services (Freedom of Information) [2020] VICmr 155 (15 June 2020)
FREEDOM OF INFORMATION – Child Protection documents – refusal to process an FOI request – prejudice proper administration of the law – prohibited disclosure of confidential information – secrecy provision
Decision information
Date of decision: 15 June 2020 Applicant: 'BQ3' Agency: Citation: 'BQ3' and Department of Health and Human Services (Freedom of Information) [2020] VICmr 155 (15 June 2020) Headnote: FREEDOM OF INFORMATION – Child Protection documents – refusal to process an FOI request – prejudice proper administration of the law – prohibited disclosure of confidential information – secrecy provision Sections in the FOI Act: 25A(5), 31(1)(a), 31(1)(c), 38 Download this file: BQ3 and Department of Health and Human Services Freedom of Information 2020 VICmr 155 15 June 2020 - PDF (233 KB) -
‘BQ4’ and Victoria Police (Freedom of Information) [2020] VICmr 156 (15 June 2020)
FREEDOM OF INFORMATION – law enforcement documents – police records – ongoing police investigation – evidence gathered during police investigation – personal affairs information
Decision information
Date of decision: 15 June 2020 Applicant: 'BQ4' Agency: Victoria Police Citation: 'BQ4' and Victoria Police (Freedom of Information) [2020] VICmr 156 (15 June 2020) Headnote: FREEDOM OF INFORMATION – law enforcement documents – police records – ongoing police investigation – evidence gathered during police investigation – personal affairs information Sections in the FOI Act: 31(1)(a) Download this file: BQ4 and Victoria Police Freedom of Information 2020 VICmr 156 15 June 2020 - PDF (180 KB) -
‘BQ5’ and City of Darebin (Freedom of Information) [2020] VICmr 157 (15 June 2020)
FREEDOM OF INFORMATION – council documents – complaint – dog attack – investigation – Domestic Animals Act 1994 (Vic) – personal affairs information
Decision information
Date of decision: 15 June 2020 Applicant: 'BQ5' Agency: Darebin City Council Citation: 'BQ5' and City of Darebin (Freedom of Information) [2020] VICmr 157 (15 June 2020) Headnote: FREEDOM OF INFORMATION – council documents – complaint – dog attack – investigation – Domestic Animals Act 1994 (Vic) – personal affairs information Sections in the FOI Act: 33(1) Download this file: BQ5 and City of Darebin Freedom of Information 2020 VICmr 157 15 June 2020 - PDF (194 KB) -
‘BP9’ and Department of Justice and Community Safety (Freedom of Information) [2020] VICmr 152 (12 June 2020)
FREEDOM OF INFORMATION – brief titles list – substantial and unreasonable diversion of Agency resources from its other operations
Decision information
Date of decision: 12 June 2020 Applicant: 'BP9' Agency: Department of Justice and Community Safety (DJCS) Citation: 'BP9' and Department of Justice and Community Safety (Freedom of Information) [2020] VICmr 152 (12 June 2020) Headnote: FREEDOM OF INFORMATION – brief titles list – substantial and unreasonable diversion of Agency resources from its other operations Sections in the FOI Act: 25A(1) Download this file: BP9 and Department of Justice and Community Safety Freedom of Information 2020 VICmr 152 12 June 2020 - PDF (215 KB) -
‘BQ2’ and National Gallery of Victoria (Freedom of Information) [2020] VICmr 154 (12 June 2020)
FREEDOM OF INFORMATION – email threads – staff member discussions – internal working documents – matter in the nature of opinion, advice and recommendation – personal affairs information
Decision information
Date of decision: 12 June 2020 Applicant: 'BQ2' Agency: National Gallery of Victoria Citation: 'BQ2' and National Gallery of Victoria (Freedom of Information) [2020] VICmr 154 (12 June 2020) Headnote: FREEDOM OF INFORMATION – email threads – staff member discussions – internal working documents – matter in the nature of opinion, advice and recommendation – personal affairs information Sections in the FOI Act: 30, 33(1) Download this file: BQ2 and National Gallery of Victoria Freedom of Information 2020 VICmr 154 12 June 2020 - PDF (397 KB) -
‘BP7’ and Moyne Shire Council (Freedom of Information) [2020] VICmr 150 (4 June 2020)
FREEDOM OF INFORMATION – council documents – building permit – building plans – neighbourhood dispute – personal affairs information
Decision information
Date of decision: 4 June 2020 Applicant: 'BP7' Agency: Moyne Shire Council Citation: 'BP7' and Moyne Shire Council (Freedom of Information) [2020] VICmr 150 (4 June 2020) Headnote: FREEDOM OF INFORMATION – council documents – building permit – building plans – neighbourhood dispute – personal affairs information Sections in the FOI Act: 33(1) Download this file: BP7 and Moyne Shire Council Freedom of Information 2020 VICmr 150 4 June 2020 1 - PDF (308 KB) -
‘BP5’ and Victoria Police (Freedom of Information) [2020] VICmr 148 (3 June 2020)
FREEDOM OF INFORMATION – law enforcement documents – telephone call – audio recording – alleged offences – police investigation – investigation documents – personal affairs information – disclosure unreasonable
Decision information
Date of decision: 3 June 2020 Applicant: 'BP5' Agency: Victoria Police Citation: 'BP5' and Victoria Police (Freedom of Information) [2020] VICmr 148 (3 June 2020) Headnote: FREEDOM OF INFORMATION – law enforcement documents – telephone call – audio recording – alleged offences – police investigation – investigation documents – personal affairs information – disclosure unreasonable Sections in the FOI Act: 33(1) Download this file: BP5 and Victoria Police Freedom of Information 2020 VICmr 148 3 June 2020 - PDF (292 KB)