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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‘CP4’ and Department of Premier and Cabinet (Freedom of Information) [2021] VICmr 30 (29 January 2021)
FREEDOM OF INFORMATION – refusal to process request on grounds all documents, should any exist, would be exempt – disclosure of personal affairs information – not satisfied all documents would be exempt
Decision information
Date of decision: 29 January 2021 Applicant: 'CP4' Agency: Department of Premier and Cabinet (DPC) Citation: ‘CP4’ and Department of Premier and Cabinet (Freedom of Information) [2021] VICmr 30 (29 January 2021) Headnote: FREEDOM OF INFORMATION – refusal to process request on grounds all documents, should any exist, would be exempt – disclosure of personal affairs information – not satisfied all documents would be exempt Sections in the FOI Act: 25A(5), 33(1) Download this file: ‘CP4 and Department of Premier and Cabinet Freedom of Information 2021 VICmr 30 29 January 2021 - PDF (253 KB) -
‘CO7’ and Mercy Hospitals Victoria Ltd (Freedom of Information) [2021] VICmr 25 (29 January 2021)
FREEDOM OF INFORMATION – medical records – health records – personal affairs information – unreasonable disclosure – information obtained in confidence – disclosure contrary to the public interest
Decision information
Date of decision: 29 January 2021 Applicant: 'CO7' Agency: Mercy Hospitals Victoria Ltd Citation: 'CO7' and Mercy Hospitals Victoria Ltd (Freedom of Information) [2021] VICmr 25 (29 January 2021) Headnote: FREEDOM OF INFORMATION – medical records – health 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)(b) Download this file: CO7 and Mercy Hospitals Victoria Ltd Freedom of Information 2021 VICmr 25 29 January 2021 - PDF (241 KB) -
Regional Victorians Opposed to Duck Shooting Inc. and Department of Jobs, Precincts and Regions (Freedom of Information) [2021] VICmr 23 (29 January 2021)
FREEDOM OF INFORMATION – wildlife – recreational duck shooting – lobbying – correspondence to Members of Parliament
Decision information
Date of decision: 29 January 2021 Applicant: Regional Victorians Opposed to Duck Shooting Inc. Agency: Citation: ional Victorians Opposed to Duck Shooting Inc. and Department of Jobs, Precincts and Regions (Freedom of Information) [2021] VICmr 23 (29 January 2021) Headnote: FREEDOM OF INFORMATION – wildlife – recreational duck shooting – lobbying – correspondence to Members of Parliament Sections in the FOI Act: 33(1), 35(1)(a) Download this file: Regional Victorians Opposed to Duck Shooting Inc. and Department of Jobs Precincts and Regions Freedom of Information 2021 VICmr 23 29 January 2021 - PDF (262 KB) -
‘CO6′ and Victoria Police (Freedom of Information) [2021] VICmr 24 (29 January 2021)
FREEDOM OF INFORMATION – police documents – law enforcement documents – CCTV footage – public space – body-worn camera footage – public transport – protective security officers – Surveillance Devices Act 1999 (Vic) – court proceeding – administration of justice
Decision information
Date of decision: 29 January 2021 Applicant: 'CO6' Agency: Victoria Police Citation: ‘CO6' and Victoria Police (Freedom of Information) [2021] VICmr 24 (29 January 2021) Headnote: FREEDOM OF INFORMATION – police documents – law enforcement documents – CCTV footage – public space – body-worn camera footage – public transport – protective security officers – Surveillance Devices Act 1999 (Vic) – court proceeding – administration of justice Sections in the FOI Act: 31(1)(b), 33(1), 38 Download this file: ‘CO6 and Victoria Police Freedom of Information 2021 VICmr 24 29 January 2021 - PDF (289 KB) -
‘CO5’ and Northern Health (Freedom of Information) [2021] VICmr 22 (28 January 2021)
FREEDOM OF INFORMATION – medical records – health records – deceased parent – senior available next of kin – information provided to agency in confidence – personal affairs information of third parties – Health Services Act 1988 (Vic) – Human Tissue Act 1982 (Vic)
Decision information
Date of decision: 28 January 2021 Applicant: 'CO5' Agency: Northern Health Citation: ‘CO5' and Northern Health (Freedom of Information) [2021] VICmr 22 (28 January 2021) Headnote: FREEDOM OF INFORMATION – medical records – health records – deceased parent – senior available next of kin – information provided to agency in confidence – personal affairs information of third parties – Health Services Act 1988 (Vic) – Human Tissue Act 1982 (Vic) Sections in the FOI Act: 33(1), 35(1)(b), 38 Download this file: ‘CO5 and Northern Health Freedom of Information 2021 VICmr 22 28 January 2021 - PDF (433 KB) -
‘CO2’ and Swinburne University of Technology (Freedom of Information) [2021] VICmr 19 (22 January 2021)
FREEDOM OF INFORMATION – personal affairs information – personal affairs of agency officers – unreasonable disclosure – approval documentation – course withdrawal
Decision information
Date of decision: 22 January 2021 Applicant: 'CO2' Agency: Swinburne University of Technology Citation: 'CO2' and Swinburne University of Technology (Freedom of Information) [2021] VICmr 19 (22 January 2021) Headnote: FREEDOM OF INFORMATION – personal affairs information – personal affairs of agency officers – unreasonable disclosure – approval documentation – course withdrawal Sections in the FOI Act: 33(1) Download this file: CO2 and Swinburne University of Technology Freedom of Information 2021 VICmr 19 22 January 2021 - PDF (249 KB) -
‘CO1’ and Victoria Police (Freedom of Information) [2021] VICmr 18 (21 January 2021)
FREEDOM OF INFORMATION – police records – law enforcement documents – Law Enforcement Assistance Program (LEAP)
Decision information
Date of decision: 21 January 2021 Applicant: 'CO1' Agency: Victoria Police Citation: 'CO1' and Victoria Police (Freedom of Information) [2021] VICmr 18 (21 January 2021) Headnote: FREEDOM OF INFORMATION – police records – law enforcement documents – Law Enforcement Assistance Program (LEAP) Sections in the FOI Act: 31(1)(d) Download this file: CO1 and Victoria Police Freedom of Information 2021 VICmr 18 21 January 2021 - PDF (227 KB) -
‘CN8’ and Department of Education and Training (Freedom of Information) [2021] VICmr 17 (21 January 2021)
Decision information
Date of decision: 21 January 2021 Applicant: 'CN8' Agency: Goulburn-Murray Rural Water Corporation Citation: 'CN8' and Department of Education and Training (Freedom of Information) [2021] VICmr 17 (21 January 2021) Headnote: FREEDOM OF INFORMATION – works contract – emails – personal affairs information – disclosure not unreasonable – internal communications – disclosure of information not likely to expose undertaking unreasonably to disadvantage Sections in the FOI Act: 30, 33(1), 34(1)(b) Download this file: CN8 and Department of Education and Training Freedom of Information 2021 VICmr 17 21 January 2021 - PDF (1 MB) -
‘CN8’ and Department of Education and Training (Freedom of Information) [2021] VICmr 16 (20 January 2021)
FREEDOM OF INFORMATION – school documents – education documents – management of schools – management of workplace – reporting student issues and incidents
Decision information
Date of decision: 20 January 2021 Applicant: 'CN8' Agency: Citation: 'CN8' and Department of Education and Training (Freedom of Information) [2021] VICmr 16 (20 January 2021) Headnote: FREEDOM OF INFORMATION – school documents – education documents – management of schools – management of workplace – reporting student issues and incidents Sections in the FOI Act: 30, 33(1) Download this file: CN8 and Department of Education and Training Freedom of Information 2021 VICmr 16 20 January 2021 - PDF (462 KB) -
‘CN6’ and Department of Health and Human Services (Freedom of Information) [2021] VICmr 14 (19 January 2021)
FREEDOM OF INFORMATION – child protection documents – refusal to process an FOI request – prejudice proper administration of the law – personal affairs information – secrecy provision – confidentiality provisions – Children Youth and Families Act 2005
Decision information
Date of decision: 19 January 2021 Applicant: 'CN6' Agency: Citation: 'CN6' and Department of Health and Human Services (Freedom of Information) [2021] VICmr 14 (19 January 2021) Headnote: FREEDOM OF INFORMATION – child protection documents – refusal to process an FOI request – prejudice proper administration of the law – personal affairs information – secrecy provision – confidentiality provisions – Children Youth and Families Act 2005 Sections in the FOI Act: 25A(5), 31(1)(a), 38 Download this file: CN6 and Department of Health and Human Services Freedom of Information 2021 VICmr 14 19 January 2021 - PDF (284 KB) -
‘CN7’ and Victorian Commission for Gambling and Liquor Regulation (Freedom of Information) [2021] VICmr 15 (19 January 2021)
FREEDOM OF INFORMATION – complaints – information provided voluntarily – request by person being complained about
Decision information
Date of decision: 19 January 2021 Applicant: 'CN7' Agency: Victorian Commission for Gambling and Liquor Regulation Citation: 'CN7' and Victorian Commission for Gambling and Liquor Regulation (Freedom of Information) [2021] VICmr 15 (19 January 2021) Headnote: FREEDOM OF INFORMATION – complaints – information provided voluntarily – request by person being complained about Sections in the FOI Act: 35(1)(b) Download this file: CN7 and Victorian Commission for Gambling and Liquor Regulation Freedom of Information 2021 VICmr 15 19 January 2021 - PDF (235 KB) -
‘CN5’ and Department of Transport (Freedom of Information) [2021] VICmr 13 (18 January 2021)
FREEDOM OF INFORMATION – infrastructure – infrastructure costing and analysis – external consultant report – option analysis – funding bid
Decision information
Date of decision: 18 January 2021 Applicant: 'CN5' Agency: Citation: 'CN5' and Department of Transport (Freedom of Information) [2021] VICmr 13 (18 January 2021) Headnote: FREEDOM OF INFORMATION – infrastructure – infrastructure costing and analysis – external consultant report – option analysis – funding bid Sections in the FOI Act: 30 Download this file: CN5 and Department of Transport Freedom of Information 2021 VICmr 13 18 January 2021 - PDF (428 KB) -
‘CN2’ and Victoria Police (Freedom of Information) [2021] VICmr 10 (12 January 2021)
FREEDOM OF INFORMATION – law enforcement documents – police documents – CCTV footage –
– substantial and unreasonable diversion of Agency resourcesDecision information
Date of decision: 12 January 2021 Applicant: 'CN2' Agency: Victoria Police Citation: 'CN2' and Victoria Police (Freedom of Information) [2021] VICmr 10 (12 January 2021) Headnote: FREEDOM OF INFORMATION – law enforcement documents – police documents – CCTV footage – – substantial and unreasonable diversion of Agency resources Sections in the FOI Act: 25A(1) Download this file: CN2 and Victoria Police Freedom of Information 2021 VICmr 10 12 January 2021 - PDF (275 KB) -
‘CM9’ and Victoria Police (Freedom of Information) [2021] VICmr 8 (12 January 2021)
FREEDOM OF INFORMATION – law enforcement documents – police documents – police investigation – applicant subject to investigation – information obtained by police from third party – personal affairs information – unreasonable disclosure – information provided in confidence – disclosure contrary to public interest
Decision information
Date of decision: 12 January 2021 Applicant: ‘CM9’ Agency: Victoria Police Citation: 'CM9' and Victoria Police (Freedom of Information) [2021] VICmr 8 (12 January 2021) Headnote: FREEDOM OF INFORMATION – law enforcement documents – police documents – police investigation – applicant subject to investigation – information obtained by police from third party – personal affairs information – unreasonable disclosure – information provided in confidence – disclosure contrary to public interest Sections in the FOI Act: 33(1), 35(1)(b) Download this file: CM9 and Victoria Police Freedom of Information 2021 VICmr 8 12 January 2021 - PDF (239 KB) -
‘CM8’ and Department of Health and Human Services (Freedom of Information) [2021] VICmr 7 (8 January 2021)
FREEDOM OF INFORMATION – Child Protection documents – refusal to process an FOI request – prejudice proper administration of the law – personal affairs information – secrecy provision – confidentiality provisions – Children Youth and Families Act 2005
Decision information
Date of decision: 8 January 2021 Applicant: 'CM8' Agency: Citation: 'CM8' and Department of Health and Human Services (Freedom of Information) [2021] VICmr 7 (8 January 2021) Headnote: FREEDOM OF INFORMATION – Child Protection documents – refusal to process an FOI request – prejudice proper administration of the law – personal affairs information – secrecy provision – confidentiality provisions – Children Youth and Families Act 2005 Sections in the FOI Act: 25A(5) Download this file: CM8 and Department of Health and Human Services Freedom of Information 2021 VICmr 7 8 January 2021 - PDF (306 KB) -
‘CM7’ and Department of Health and Human Services (Freedom of Information) [2021] VICmr 6 (6 January 2021)
FREEDOM OF INFORMATION – workplace review – workplace investigation – external consultant report – service fee
Decision information
Date of decision: 6 January 2021 Applicant: 'CM7' Agency: Citation: 'CM7' and Department of Health and Human Services (Freedom of Information) [2021] VICmr 6 (6 January 2021) Headnote: FREEDOM OF INFORMATION – workplace review – workplace investigation – external consultant report – service fee Sections in the FOI Act: 30, 34(4)(a)(ii), 35(1)(b) Download this file: CM7 and Department of Health and Human Services Freedom of Information 2021 VICmr 6 6 January 2021 - PDF (669 KB) -
‘CM4’ and Racing Victoria Limited (Freedom of Information) [2021] VICmr 3 (5 January 2021)
FREEDOM OF INFORMATION – regulator – investigation – personal affairs information – personal affairs of agency officers – video footage – unreasonable disclosure – emails – internal documents – officers from another agency – investigation records
Decision information
Date of decision: 5 January 2021 Applicant: 'CM4' Agency: Racing Victoria Limited Citation: 'CM4' and Racing Victoria Limited (Freedom of Information) [2021] VICmr 3 (5 January 2021) Headnote: FREEDOM OF INFORMATION – regulator – investigation – personal affairs information – personal affairs of agency officers – video footage – unreasonable disclosure – emails – internal documents – officers from another agency – investigation records Sections in the FOI Act: 33(1), 25 Download this file: CM4 and Racing Victoria Limited Freedom of Information 2021 VICmr 3 5 January 2021 - PDF (1 MB) -
‘CM3’ and Department of Justice and Community Safety (Freedom of Information) [2021] VICmr 2 (4 January 2021)
FREEDOM OF INFORMATION – prisoner records – incident reports – search register – emails – memorandums – proper administration of a prison
Decision information
Date of decision: 4 January 2021 Applicant: 'CM3' Agency: Department of Justice and Community Safety (DJCS) Citation: 'CM3' and Department of Justice and Community Safety (Freedom of Information) [2021] VICmr 2 (4 January 2021) Headnote: FREEDOM OF INFORMATION – prisoner records – incident reports – search register – emails – memorandums – proper administration of a prison Sections in the FOI Act: 31(1)(a), 38 Download this file: CM3 and Department of Justice and Community Safety Freedom of Information 2021 VICmr 2 4 January 2021 - PDF (938 KB) -
‘CM2’ and Victoria Police (Freedom of Information) [2021] VICmr 1 (4 January 2021)
FREEDOM OF INFORMATION – event log – police documents – personal affairs information – unreasonable disclosure – 000 call – triple zero call
Decision information
Date of decision: 4 January 2021 Applicant: 'CM2' Agency: Victoria Police Citation: 'CM2' and Victoria Police (Freedom of Information) [2021] VICmr 1 (4 January 2021) Headnote: FREEDOM OF INFORMATION – event log – police documents - personal affairs information – unreasonable disclosure – 000 call – triple zero call Sections in the FOI Act: 33(1) Download this file: CM2 and Victoria Police Freedom of Information 2021 VICmr 1 4 January 2021 - PDF (239 KB)