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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‘CV2’ and Department of Justice and Community Safety (Freedom of Information) [2021] VICmr 84 (31 March 2021)
FREEDOM OF INFORMATION – recruitment – assessment of candidates – summary report – Diversity Information Collection Form – Privacy Consent Form – Statutory Declaration – Application and Informed Consent Form (for National Criminal History Check) – Declaration of Private Interests – Agenda and Meeting Papers – emails – Cabinet documents
Decision information
Date of decision: 31 March 2021 Applicant: 'CV2' Agency: Department of Justice and Community Safety (DJCS) Citation: 'CV2' and Department of Justice and Community Safety (Freedom of Information) [2021] VICmr 84 (31 March 2021) Headnote: FREEDOM OF INFORMATION – recruitment – assessment of candidates – summary report – Diversity Information Collection Form – Privacy Consent Form – Statutory Declaration – Application and Informed Consent Form (for National Criminal History Check) – Declaration of Private Interests – Agenda and Meeting Papers – emails – Cabinet documents Sections in the FOI Act: 28(1)(ba), 28(1)(d), 30, 33(1), 35(1)(b) Download this file: CV2 and Department of Justice and Community Safety Freedom of Information 2021 VICmr 84 31 March 2021 - PDF (473 KB) -
‘CU8′ and Department of Justice and Community Safety (Freedom of Information) [2021] VICmr 81 (31 March 2021)
FREEDOM OF INFORMATION – Corrections Victoria – offender management – Post Sentence Environmental Scan – documents provided to the Adult Parole Board – secrecy provision – offence to disclose personal or confidential information
Decision information
Date of decision: 31 March 2021 Applicant: 'CU8' Agency: Department of Justice and Community Safety (DJCS) Citation: ‘CU8' and Department of Justice and Community Safety (Freedom of Information) [2021] VICmr 81 (31 March 2021) Headnote: FREEDOM OF INFORMATION – Corrections Victoria – offender management – Post Sentence Environmental Scan – documents provided to the Adult Parole Board – secrecy provision – offence to disclose personal or confidential information Sections in the FOI Act: 30, 38 Download this file: ‘CU8 and Department of Justice and Community Safety Freedom of Information 2021 VICmr 81 31 March 2021 - PDF (275 KB) -
‘CU9’ and Victoria Police (Freedom of Information) [2021] VICmr 82 (31 March 2021)
FREEDOM OF INFORMATION – law enforcement documents – police records and procedures – police informants – Terrorism (Community Protection) (Further Amendment) Act 2006 (Vic) – Intelligence and Covert Support Command
Decision information
Date of decision: 31 March 2021 Applicant: 'CU9' Agency: Victoria Police Citation: 'CU9' and Victoria Police (Freedom of Information) [2021] VICmr 82 (31 March 2021) Headnote: FREEDOM OF INFORMATION – law enforcement documents – police records and procedures – police informants – Terrorism (Community Protection) (Further Amendment) Act 2006 (Vic) – Intelligence and Covert Support Command Sections in the FOI Act: 25A(5), 31(3) Download this file: CU9 and Victoria Police Freedom of Information 2021 VICmr 82 31 March 2021 - PDF (207 KB) -
‘CT8’ and Monash Health (Freedom of Information) [2021] VICmr 72 (17 March 2021)
FREEDOM OF INFORMATION – CCTV footage – footage from workplace – public hospital – patient – birth of child – personal affairs information of agency officers – practical to edit document
Decision information
Date of decision: 17 March 2021 Applicant: 'CT8' Agency: Monash Health Citation: ‘CT8’ and Monash Health (Freedom of Information) [2021] VICmr 72 (17 March 2021) Headnote: FREEDOM OF INFORMATION – CCTV footage – footage from workplace – public hospital – patient – birth of child – personal affairs information of agency officers – practical to edit document Sections in the FOI Act: 33(1), 25 Download this file: ‘CT8 and Monash Health Freedom of Information 2021 VICmr 72 17 March 2021 - PDF (236 KB) -
‘CU1’ and Victorian Institute of Forensic Mental Health (Forensicare) (Freedom of Information) [2021] VICmr 74 (17 March 2021)
Decision information
Date of decision: 17 March 2021 Applicant: 'CU1' Agency: Victorian Institute of Forensic Mental Health Citation: 'CU1' and Victorian Institute of Forensic Mental Health (Forensicare) (Freedom of Information) [2021] VICmr 74 (17 March 2021) Headnote: FREEDOM OF INFORMATION – workplace investigation – workplace injury – internal working documents – emails – information communicated in confidence Sections in the FOI Act: 30, 33(1), 35(1)(b) Download this file: CU1 and Victorian Institute of Forensic Mental Health Forensicare Freedom of Information 2021 VICmr 74 17 March 2021 - PDF (2 MB) -
‘CT9’ and Department of Environment, Land, Water and Planning (Freedom of Information) [2021] VICmr 73 (16 March 2021)
FREEDOM OF INFORMATION – [Named] Wind Farm – Victorian Renewable Energy Targets (VRET) – Support Agreement – not satisfied disclosure would expose business undertaking unreasonably to disadvantage
Decision information
Date of decision: 16 March 2021 Applicant: 'CT9' Agency: Department of Energy, Environment and Climate Action (DEECA) Citation: ‘CT9’ and Department of Environment, Land, Water and Planning (Freedom of Information) [2021] VICmr 73 (16 March 2021) Headnote: FREEDOM OF INFORMATION – [Named] Wind Farm – Victorian Renewable Energy Targets (VRET) – Support Agreement – not satisfied disclosure would expose business undertaking unreasonably to disadvantage Sections in the FOI Act: 34(1)(b), 34(4)(a)(ii) Download this file: ‘CT9 and Department of Environment Land Water and Planning Freedom of Information 2021 VICmr 73 16 March 2021 - PDF (278 KB) -
‘CT7’ and City of Greater Geelong (Freedom of Information) [2021] VICmr 71 (15 March 2021)
FREEDOM OF INFORMATION – exterior plans – interior plans – manufacturing facility – unreasonable disadvantage
Decision information
Date of decision: 15 March 2021 Applicant: 'CT7' Agency: Greater Geelong City Council Citation: 'CT7' and City of Greater Geelong (Freedom of Information) [2021] VICmr 71 (15 March 2021) Headnote: FREEDOM OF INFORMATION – exterior plans – interior plans – manufacturing facility – unreasonable disadvantage Sections in the FOI Act: 34(1)(b) Download this file: CT7 and City of Greater Geelong Freedom of Information 2021 VICmr 71 15 March 2021 - PDF (1 MB) -
‘CT5’ and Victoria Police (Freedom of Information) [2021] VICmr 69 (15 March 2021)
FREEDOM OF INFORMATION – law enforcement documents – police documents – witness statements
Decision information
Date of decision: 15 March 2021 Applicant: 'CT5' Agency: Victoria Police Citation: 'CT5' and Victoria Police (Freedom of Information) [2021] VICmr 69 (15 March 2021) Headnote: FREEDOM OF INFORMATION – law enforcement documents – police documents – witness statements Sections in the FOI Act: 33(1), 35(1)(b) Download this file: CT5 and Victoria Police Freedom of Information 2021 VICmr 69 15 March 2021 - PDF (254 KB) -
‘CT6’ and State Revenue Office (Freedom of Information) [2021] VICmr 70 (15 March 2021)
FREEDOM OF INFORMATION – invoices – external legal services – substantial and unreasonable diversion of agency resources from other operations – not substantial and unreasonable
Decision information
Date of decision: 15 March 2021 Applicant: 'CT6' Agency: State Revenue Office Citation: 'CT6' and State Revenue Office (Freedom of Information) [2021] VICmr 70 (15 March 2021) Headnote: FREEDOM OF INFORMATION – invoices – external legal services – substantial and unreasonable diversion of agency resources from other operations – not substantial and unreasonable Sections in the FOI Act: 25A(1) Download this file: CT6 and State Revenue Office Freedom of Information 2021 VICmr 70 15 March 2021 - PDF (259 KB) -
‘CT1’ and Western Region Water Corporation (Freedom of Information) [2021] VICmr 64 (4 March 2021)
FREEDOM OF INFORMATION – transfer of land – property settlement documents – consent to disclose information under Freedom of Information (FOI) – third party consultation – personal affairs information – disclosure would be unreasonable
Decision information
Date of decision: 4 March 2021 Applicant: 'CT1' Agency: Western Region Water Corporation Citation: ‘CT1’ and Western Region Water Corporation (Freedom of Information) [2021] VICmr 64 (4 March 2021) Headnote: FREEDOM OF INFORMATION – transfer of land – property settlement documents – consent to disclose information under Freedom of Information (FOI) – third party consultation – personal affairs information – disclosure would be unreasonable Sections in the FOI Act: 33(1) Download this file: ‘CT1 and Western Region Water Corporation Freedom of Information 2021 VICmr 64 4 March 2021 - PDF (236 KB) -
‘CS9’ and Austin Health (Freedom of Information) [2021] VICmr 63 (1 March 2021)
Decision information
Date of decision: 1 March 2021 Applicant: 'CS9' Agency: Austin Health Citation: 'CS9' and Austin Health (Freedom of Information) [2021] VICmr 63 (1 March 2021) Headnote: FREEDOM OF INFORMATION – amendment request – hospital record – misleading impression – information not incorrect or misleading Sections in the FOI Act: 39 Download this file: CS9 and Austin Health Freedom of Information 2021 VICmr 63 1 March 2021 - PDF (210 KB) -
‘CS8’ and Department of Justice and Community Safety (Freedom of Information) [2021] VICmr 62 (1 March 2021)
FREEDOM OF INFORMATION – prison records – prisoner – psychometric testing – Violence Intervention Program – Forensic Intervention Service Treatment report – clinician notes
Decision information
Date of decision: 1 March 2021 Applicant: 'CS8' Agency: Department of Justice and Community Safety (DJCS) Citation: 'CS8' and Department of Justice and Community Safety (Freedom of Information) [2021] VICmr 62 (1 March 2021) Headnote: FREEDOM OF INFORMATION – prison records – prisoner – psychometric testing – Violence Intervention Program – Forensic Intervention Service Treatment report – clinician notes Sections in the FOI Act: 30, 31(1)(a), 33(1), 38 Download this file: CS8 and Department of Justice and Community Safety Freedom of Information 2021 VICmr 62 1 March 2021 - PDF (1 MB)