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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‘BZ6’ and Victoria Police (Freedom of Information) [2020] VICmr 244 (28 August 2020)
FREEDOM OF INFORMATION – arrest – police complaint – internal investigation – personal affairs information of third party – agency officer names – unreasonable disclosure
Decision information
Date of decision: 28 August 2020 Applicant: 'BZ6' Agency: Victoria Police Citation: 'BZ6' and Victoria Police (Freedom of Information) [2020] VICmr 244 (28 August 2020) Headnote: FREEDOM OF INFORMATION – arrest – police complaint – internal investigation – personal affairs information of third party – agency officer names – unreasonable disclosure Sections in the FOI Act: 33(1) Download this file: BZ6 and Victoria Police Freedom of Information 2020 VICmr 244 28 August 2020 - PDF (222 KB) -
‘BZ5’ and Department of Environment, Land, Water and Planning (Freedom of Information) [2020] VICmr 243 (27 August 2020)
FREEDOM OF INFORMATION – heritage listing nomination – nominator – Victorian Heritage Register – third party personal affairs information – disclosure unreasonable
Decision information
Date of decision: 27 August 2020 Applicant: 'BZ5' Agency: Citation: 'BZ5' and Department of Environment, Land, Water and Planning (Freedom of Information) [2020] VICmr 243 (27 August 2020) Headnote: FREEDOM OF INFORMATION – heritage listing nomination – nominator – Victorian Heritage Register – third party personal affairs information – disclosure unreasonable Sections in the FOI Act: 33(1) Download this file: BZ5 and Department of Environment Land Water and Planning Freedom of Information 2020 VICmr 243 27 August 2020 - PDF (185 KB) -
‘BZ4’ and Kingston City Council (Freedom of Information) [2020] VICmr 242 (27 August 2020)
FREEDOM OF INFORMATION – council documents – email correspondence – complaint – business undertaking – commercial, business and financial information
Decision information
Date of decision: 27 August 2020 Applicant: 'BZ4' Agency: Kingston City Council Citation: 'BZ4' and Kingston City Council (Freedom of Information) [2020] VICmr 242 (27 August 2020) Headnote: FREEDOM OF INFORMATION – council documents – email correspondence – complaint – business undertaking – commercial, business and financial information Sections in the FOI Act: 33(1), 34(1)(b), 35(1)(b) Download this file: BZ4 and Kingston City Council Freedom of Information 2020 VICmr 242 27 August 2020 - PDF (1 MB) -
‘BZ2’ and Office of Public Prosecutions (Freedom of Information) [2020] VICmr 240 (25 August 2020)
FREEDOM OF INFORMATION – criminal prosecution – internal deliberations – expert psychiatric evidence
Decision information
Date of decision: 25 August 2020 Applicant: 'BZ2' Agency: Office of Public Prosecutions Citation: 'BZ2' and Office of Public Prosecutions (Freedom of Information) [2020] VICmr 240 (25 August 2020) Headnote: FREEDOM OF INFORMATION – criminal prosecution – internal deliberations – expert psychiatric evidence Sections in the FOI Act: 25A(5) Download this file: BZ2 and Office of Public Prosecutions Freedom of Information 2020 VICmr 240 25 August 2020 - PDF (311 KB) -
‘BY4’ and St Vincent’s Health (Freedom of Information) [2020] VICmr 233 (20 August 2020)
FREEDOM OF INFORMATION – medical records – mental health records – personal records – information obtained in confidence – disclosure contrary to the public interest – deliberative process – family violence – information sharing scheme – prohibited disclosure of protected information – secrecy provision
Decision information
Date of decision: 20 August 2020 Applicant: 'BY4' Agency: St Vincent’s Health Citation: 'BY4' and St Vincent's Health (Freedom of Information) [2020] VICmr 233 (20 August 2020) Headnote: FREEDOM OF INFORMATION – medical records – mental health records – personal records – information obtained in confidence – disclosure contrary to the public interest – deliberative process – family violence – information sharing scheme – prohibited disclosure of protected information – secrecy provision Sections in the FOI Act: 30, 35(1)(b), 38 Download this file: ‘BY4 and St Vincents Health Freedom of Information 2020 VICmr 233 20 August 2020 - PDF (726 KB) -
‘BY1’ and Office of the Chief Parliamentary Counsel Victoria (Freedom of Information) [2020] VICmr 230 (20 August 2020)
FREEDOM OF INFORMATION – communications related to the planning and drafting of legislation – created for the dominant purpose of obtaining and providing legal advice – legal professional privilege
Decision information
Date of decision: 20 August 2020 Applicant: 'BY1' Agency: Chief Parliamentary Counsel Victoria Citation: 'BY1' and Office of the Chief Parliamentary Counsel Victoria (Freedom of Information) [2020] VICmr 230 (20 August 2020) Headnote: FREEDOM OF INFORMATION – communications related to the planning and drafting of legislation – created for the dominant purpose of obtaining and providing legal advice – legal professional privilege Sections in the FOI Act: 25A(5), 32 Download this file: BY1 and Office of the Chief Parliamentary Counsel Victoria Freedom of Information 2020 VICmr 230 20 August 2020 - PDF (258 KB) -
‘BX6’ and Victoria Police (Freedom of Information) [2020] VICmr 226 (19 August 2020)
FREEDOM OF INFORMATION – police records – law enforcement records – information relating to the Sex Offender Register – State Intelligence Division – Intelligence and Covert Support Command – Sex Offenders Registration Act 2004 (Vic)
Decision information
Date of decision: 19 August 2020 Applicant: 'BX6' Agency: Victoria Police Citation: 'BX6' and Victoria Police (Freedom of Information) [2020] VICmr 226 (19 August 2020) Headnote: FREEDOM OF INFORMATION – police records – law enforcement records – information relating to the Sex Offender Register – State Intelligence Division – Intelligence and Covert Support Command – Sex Offenders Registration Act 2004 (Vic) Sections in the FOI Act: 25A(5), 19, 31(3), 31(4) Download this file: BX6 and Victoria Police Freedom of Information 2020 VICmr 226 19 August 2020 - PDF (263 KB) -
‘BX5’ and RSPCA (Victoria) (Freedom of Information) [2020] VICmr 225 (18 August 2020)
FREEDOM OF INFORMATION – personal affairs information – agency officer names – unreasonable disclosure
Decision information
Date of decision: 18 August 2020 Applicant: 'BX5' Agency: Royal Society for the Prevention of Cruelty to Animals (RSPCA Victoria) Citation: 'BX5' and RSPCA (Victoria) (Freedom of Information) [2020] VICmr 225 (18 August 2020) Headnote: FREEDOM OF INFORMATION – personal affairs information – agency officer names – unreasonable disclosure Sections in the FOI Act: 33(1) Download this file: BX5 and RSPCA Victoria Freedom of Information 2020 VICmr 225 18 August 2020 - PDF (246 KB) -
‘BX2’ and Victorian Building Authority (Freedom of Information) [2020] VICmr 222 (14 August 2020)
Decision information
Date of decision: 14 August 2020 Applicant: 'BX2' Agency: Victorian Building Authority Citation: 'BX2' and Victorian Building Authority (Freedom of Information) [2020] VICmr 222 (14 August 2020) Headnote: FREEDOM OF INFORMATION – personnel management – salary review – renumeration review Sections in the FOI Act: 30, 36(1)(b) Download this file: BX2 and Victorian Building Authority Freedom of Information 2020 VICmr 222 14 August 2020 - PDF (279 KB) -
‘BX1’ and Department of Justice and Community Safety (Freedom of Information) [2020] VICmr 221 (13 August 2020)
FREEDOM OF INFORMATION – prisoner records – clinical assessment – Specialised Offender Assessment and Treatment Service (SOATS) Summary Report – Adult Parole Board
Decision information
Date of decision: 13 August 2020 Applicant: 'BX1' Agency: Department of Justice and Community Safety (DJCS) Citation: 'BX1' and Department of Justice and Community Safety (Freedom of Information) [2020] VICmr 221 (13 August 2020) Headnote: FREEDOM OF INFORMATION – prisoner records – clinical assessment – Specialised Offender Assessment and Treatment Service (SOATS) Summary Report – Adult Parole Board Sections in the FOI Act: 30, 31(1)(a), 33(1), 38 Download this file: BX1 and Department of Justice and Community Safety Freedom of Information 2020 VICmr 221 13 August 2020 - PDF (280 KB) -
‘BW7’ and Victoria Police (Freedom of Information) [2020] VICmr 218 (6 August 2020)
FREEDOM OF INFORMATION – law enforcement documents – police documents – internal correspondence – substantial and unreasonable diversion of agency resources from other operations – not substantial and unreasonable
Decision information
Date of decision: 6 August 2020 Applicant: 'BW7' Agency: Victoria Police Citation: 'BW7' and Victoria Police (Freedom of Information) [2020] VICmr 218 (6 August 2020) Headnote: FREEDOM OF INFORMATION – law enforcement documents – police documents – internal correspondence – substantial and unreasonable diversion of agency resources from other operations – not substantial and unreasonable Sections in the FOI Act: 25A(1) Download this file: BW7 and Victoria Police Freedom of Information 2020 VICmr 218 6 August 2020 - PDF (206 KB)