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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‘CJ5’ and Department of Health and Human Services (Freedom of Information) [2020] VICmr 334 (26 November 2020)
FREEDOM OF INFORMATION – Child Protection documents – refusal to process an FOI request – prejudice proper administration of the law – personal affairs information
Decision information
Date of decision: 26 November 2020 Applicant: 'CJ5' Agency: Citation: 'CJ5' and Department of Health and Human Services (Freedom of Information) [2020] VICmr 334 (26 November 2020) Headnote: FREEDOM OF INFORMATION – Child Protection documents – refusal to process an FOI request – prejudice proper administration of the law – personal affairs information Sections in the FOI Act: 25A(5) Download this file: CJ5 and Department of Health and Human Services Freedom of Information 2020 VICmr 334 26 November 2020 - PDF (231 KB) -
‘CJ3’ and Bairnsdale Regional Health Service (Freedom of Information) [2020] VICmr 332 (26 November 2020)
FREEDOM OF INFORMATION – internal email chains – legal professional privilege – provision of legal advice and services
Decision information
Date of decision: 26 November 2020 Applicant: 'CJ3' Agency: Bairnsdale Regional Health Service Citation: ‘CJ3’ and Bairnsdale Regional Health Service (Freedom of Information) [2020] VICmr 332 (26 November 2020) Headnote: FREEDOM OF INFORMATION – internal email chains – legal professional privilege – provision of legal advice and services Sections in the FOI Act: 32 Download this file: ‘CJ3 and Bairnsdale Regional Health Service Freedom of Information 2020 VICmr 332 26 November 2020 - PDF (397 KB) -
‘CJ1’ and Department of Health and Human Services (Freedom of Information) [2020] VICmr 330 (25 November 2020)
FREEDOM OF INFORMATION – Cabinet Submission – Cabinet in Confidence – Approval in Principle – Bill at Cabinet – prepared for the sole or substantial purpose of submission to the Cabinet – risk assessment documents – social impact assessment – medically supervised injecting room
Decision information
Date of decision: 25 November 2020 Applicant: 'CJ1' Agency: Citation: 'CJ1' and Department of Health and Human Services (Freedom of Information) [2020] VICmr 330 (25 November 2020) Headnote: FREEDOM OF INFORMATION – Cabinet Submission – Cabinet in Confidence – Approval in Principle – Bill at Cabinet – prepared for the sole or substantial purpose of submission to the Cabinet – risk assessment documents – social impact assessment – medically supervised injecting room Sections in the FOI Act: 28(1)(b) Download this file: CJ1 and Department of Health and Human Services Freedom of Information 2020 VICmr 330 25 November 2020 - PDF (232 KB) -
‘CI6’ and Court Services Victoria (Freedom of Information) [2020] VICmr 326 (23 November 2020)
FREEDOM OF INFORMATION – refusal to process request on grounds all documents, should any exist, would be exempt – internal working documents – documents concerning Freedom of Information (FOI) request – matter in the nature of opinion, advice and recommendation – factual information – disclosure of personal affairs of agency officers – not satisfied all documents exempt under section 25A(5)
Decision information
Date of decision: 23 November 2020 Applicant: 'CI6' Agency: Court Services Victoria Citation: 'CI6' and Court Services Victoria (Freedom of Information) [2020] VICmr 326 (23 November 2020) Headnote: FREEDOM OF INFORMATION – refusal to process request on grounds all documents, should any exist, would be exempt – internal working documents – documents concerning Freedom of Information (FOI) request – matter in the nature of opinion, advice and recommendation – factual information – disclosure of personal affairs of agency officers – not satisfied all documents exempt under section 25A(5) Sections in the FOI Act: 25A(5), 30, 32, 33(1) Download this file: CI6 and Court Services Victoria Freedom of Information 2020 VICmr 326 23 November 2020 - PDF (212 KB) -
‘CI7’ and Department of Transport (Freedom of Information) [2020] VICmr 327 (23 November 2020)
FREEDOM OF INFORMATION – CCTV footage spreadsheet – substantially and unreasonably divert resources of Agency – COVID-19 – consultation
Decision information
Date of decision: 23 November 2020 Applicant: 'CI7' Agency: Citation: 'CI7' and Department of Transport (Freedom of Information) [2020] VICmr 327 (23 November 2020) Headnote: FREEDOM OF INFORMATION – CCTV footage spreadsheet – substantially and unreasonably divert resources of Agency – COVID-19 – consultation Sections in the FOI Act: 25A(1) Download this file: CI7 and Department of Transport Freedom of Information 2020 VICmr 327 23 November 2020 - PDF (275 KB) -
‘CI5’ and Department of Justice and Community Safety (Freedom of Information) [2020] VICmr 325 (20 November 2020)
FREEDOM OF INFORMATION – FOI request of third party – emails – ministerial briefings – recruitment of [position title]– successful and unsuccessful candidates – resumes – job applications – response to the key selection criteria – referees – interviews
Decision information
Date of decision: 20 November 2020 Applicant: 'CI5' Agency: Department of Justice and Community Safety (DJCS) Citation: 'CI5' and Department of Justice and Community Safety (Freedom of Information) [2020] VICmr 325 (20 November 2020) Headnote: FREEDOM OF INFORMATION – FOI request of third party – emails – ministerial briefings – recruitment of [position title]– successful and unsuccessful candidates – resumes – job applications – response to the key selection criteria – referees – interviews Sections in the FOI Act: 33(1) Download this file: CI5 and Department of Justice and Community Safety Freedom of Information 2020 VICmr 325 20 November 2020 - PDF (2 MB) -
‘CI2’ and Department of Health and Human Services (Freedom of Information) [2020] VICmr 322 (18 November 2020)
FREEDOM OF INFORMATION – complaint to agency – personal affairs information of the applicant – refusal to process request on grounds all documents, should any exist, would be exempt – disclosure of personal affairs of applicant not unreasonable
Decision information
Date of decision: 18 November 2020 Applicant: 'CI2' Agency: Citation: 'CI2' and Department of Health and Human Services (Freedom of Information) [2020] VICmr 322 (18 November 2020) Headnote: FREEDOM OF INFORMATION – complaint to agency – personal affairs information of the applicant – refusal to process request on grounds all documents, should any exist, would be exempt – disclosure of personal affairs of applicant not unreasonable Sections in the FOI Act: 25A(5), 33(1) Download this file: ‘CI2 and Department of Health and Human Services Freedom of Information 2020 VICmr 322 18 November 2020 - PDF (198 KB) -
‘CH7’ and Environment Protection Authority (Freedom of Information) [2020] VICmr 318 (16 November 2020)
FREEDOM OF INFORMATION – investigation – conflict of interest – emails – internal documents – information provided in confidence – documents affecting personal privacy
Decision information
Date of decision: 16 November 2020 Applicant: 'CH7' Agency: Environment Protection Authority Citation: 'CH7' and Environment Protection Authority (Freedom of Information) [2020] VICmr 318 (16 November 2020) Headnote: FREEDOM OF INFORMATION – investigation – conflict of interest – emails – internal documents – information provided in confidence – documents affecting personal privacy Sections in the FOI Act: 30, 33(1), 35(1)(b) Download this file: CH7 and Environment Protection Authority Freedom of Information 2020 VICmr 318 16 November 2020 - PDF (1 MB) -
‘CJ2′ and Major Transport Infrastructure Authority (Freedom of Information) [2020] VICmr 331 (12 November 2020)
Decision information
Date of decision: 12 November 2020 Applicant: 'CJ2' Agency: Major Transport Infrastructure Authority Citation: ‘CJ2' and Major Transport Infrastructure Authority (Freedom of Information) [2020] VICmr 331 (12 November 2020) Headnote: FREEDOM OF INFORMATION – surveys – Level Crossing Removal Project – business, commercial or financial information Sections in the FOI Act: 34(1)(b) Download this file: ‘CJ2 and Major Transport Infrastructure Authority Freedom of Information 2020 VICmr 331 12 November 2020 - PDF (449 KB) -
‘CH5’ and Office of the Road Safety Camera Commissioner (Freedom of Information) [2020] VICmr 317 (12 November 2020)
FREEDOM OF INFORMATION – Reports of the Road Safety Camera Commissioner – meeting minutes – meeting agendas – law enforcement documents – prejudice the proper administration of the law
Decision information
Date of decision: 12 November 2020 Applicant: 'CH5' Agency: Office of the Road Safety Camera Commissioner Citation: 'CH5' and Office of the Road Safety Camera Commissioner (Freedom of Information) [2020] VICmr 317 (12 November 2020) Headnote: FREEDOM OF INFORMATION – Reports of the Road Safety Camera Commissioner – meeting minutes – meeting agendas – law enforcement documents – prejudice the proper administration of the law Sections in the FOI Act: 30, 31(1)(a), 31(1)(d), 33(1), 38 Download this file: CH5 and Office of the Road Safety Camera Commissioner Freedom of Information 2020 VICmr 317 12 November 2020 - PDF (1 MB) -
‘CG9′ and Department of Health and Human Services (Freedom of Information) [2020] VICmr 312 (9 November 2020)
FREEDOM OF INFORMATION – child protection documents – secrecy provision – Children Youth and Families Act 2005 (Vic) – personal affairs information
Decision information
Date of decision: 9 November 2020 Applicant: 'CG9' Agency: Citation: ‘CG9' and Department of Health and Human Services (Freedom of Information) [2020] VICmr 312 (9 November 2020) Headnote: FREEDOM OF INFORMATION – child protection documents – secrecy provision – Children Youth and Families Act 2005 (Vic) – personal affairs information Sections in the FOI Act: 33(1), 38 Download this file: ‘CG9 and Department of Health and Human Services Freedom of Information 2020 VICmr 312 9 November 2020 - PDF (205 KB) -
‘CG8’ and Victoria Police (Freedom of Information) [2020] VICmr 311 (9 November 2020)
FREEDOM OF INFORMATION – police document – traffic incident report – amendment request – incorrect information – amendment by notation
Decision information
Date of decision: 9 November 2020 Applicant: 'CG8' Agency: Victoria Police Citation: 'CG8' and Victoria Police (Freedom of Information) [2020] VICmr 311 (9 November 2020) Headnote: FREEDOM OF INFORMATION – police document – traffic incident report – amendment request – incorrect information – amendment by notation Sections in the FOI Act: 39 Download this file: CG8 and Victoria Police Freedom of Information 2020 VICmr 311 9 November 2020 - PDF (247 KB) -
‘CH2’ and National Gallery of Victoria (Freedom of Information) [2020] VICmr 314 (9 November 2020)
FREEDOM OF INFORMATION – management matters – external consultant – email correspondence – memorandum – letter – agency not engaged in trade or commerce
Decision information
Date of decision: 9 November 2020 Applicant: 'CH2' Agency: National Gallery of Victoria Citation: 'CH2' and National Gallery of Victoria (Freedom of Information) [2020] VICmr 314 (9 November 2020) Headnote: FREEDOM OF INFORMATION – management matters – external consultant – email correspondence – memorandum – letter – agency not engaged in trade or commerce Sections in the FOI Act: 30, 35(1)(a), 35(1)(b), 34(4)(a)(ii), 36(1)(b) Download this file: CH2 and National Gallery of Victoria Freedom of Information 2020 VICmr 314 9 November 2020 - PDF (1 MB) -
‘CG6’ and Mildura Rural City Council (Freedom of Information) [2020] VICmr 309 (2 November 2020)
FREEDOM OF INFORMATION – investigation report – emails – local planning scheme – information provided in confidence – prejudice the proper administration or enforcement of the law – personal affairs information
Decision information
Date of decision: 2 November 2020 Applicant: 'CG6' Agency: Mildura Rural City Council Citation: 'CG6' and Mildura Rural City Council (Freedom of Information) [2020] VICmr 309 (2 November 2020) Headnote: FREEDOM OF INFORMATION – investigation report – emails – local planning scheme – information provided in confidence – prejudice the proper administration or enforcement of the law – personal affairs information Sections in the FOI Act: 30, 31(1)(a), 31(1)(d), 33(1), 35(1)(b) Download this file: CG6 and Mildura Rural City Council Freedom of Information 2020 VICmr 309 2 November 2020 1 - PDF (722 KB)