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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‘DC6’ and Department of Transport (Freedom of Information) [2021] VICmr 151 (31 May 2021)
FREEDOM OF INFORMATION – emails – site investigations – train infrastructure – West Gate Tunnel Project – Wyndham Vale Stabling Facility – stabling yard – storage of contaminated tunnel spoil – public interest considerations
Decision information
Date of decision: 31 May 2021 Applicant: 'DC6' Agency: Citation: 'DC6' and Department of Transport (Freedom of Information) [2021] VICmr 151 (31 May 2021) Headnote: FREEDOM OF INFORMATION – emails – site investigations – train infrastructure – West Gate Tunnel Project – Wyndham Vale Stabling Facility – stabling yard – storage of contaminated tunnel spoil – public interest considerations Sections in the FOI Act: 30, 35(1)(a) Download this file: DC6 and Department of Transport Freedom of Information 2021 VICmr 151 31 May 2021 - PDF (1 MB) -
‘DB5’ and Mornington Peninsula Shire (Freedom of Information) [2021] VICmr 141 (26 May 2021)
FREEDOM OF INFORMATION – council documents – [Suburb] Airfield Noise Assessment – business undertaking – invoices – legal advice – legal professional privilege – confidential information – secrecy provision – Local Government Act 2020 (Vic)
Decision information
Date of decision: 26 May 2021 Applicant: 'DB5' Agency: Mornington Peninsula Shire Citation: 'DB5' and Mornington Peninsula Shire (Freedom of Information) [2021] VICmr 141 (26 May 2021) Headnote: FREEDOM OF INFORMATION – council documents – [Suburb] Airfield Noise Assessment – business undertaking – invoices – legal advice – legal professional privilege – confidential information – secrecy provision – Local Government Act 2020 (Vic) Sections in the FOI Act: 34(1)(b), 32, 38 Download this file: DB5 and Mornington Peninsula Shire Freedom of Information 2021 VICmr 141 26 May 2021 - PDF (409 KB) -
‘DB4’ and Suburban Rail Loop Authority (Freedom of Information) [2021] VICmr 140 (25 May 2021)
FREEDOM OF INFORMATION – invoice – provision of goods and services to government – advertising, marketing or communications expenditure – financial information – disclosure would not expose undertaking unreasonably to disadvantage
Decision information
Date of decision: 25 May 2021 Applicant: 'DB4' Agency: Suburban Rail Loop Authority Citation: 'DB4' and Suburban Rail Loop Authority (Freedom of Information) [2021] VICmr 140 (25 May 2021) Headnote: FREEDOM OF INFORMATION – invoice – provision of goods and services to government – advertising, marketing or communications expenditure – financial information – disclosure would not expose undertaking unreasonably to disadvantage Sections in the FOI Act: 34(1)(b) Download this file: DB4 and Suburban Rail Loop Authority Freedom of Information 2021 VICmr 140 25 May 2021 - PDF (338 KB) -
‘DB2’ and Country Fire Authority (Freedom of Information) [2021] VICmr 138 (18 May 2021)
FREEDOM OF INFORMATION – record of meeting – emails – letters – Victorian Building Authority – third party request – notice of decision – auditor report – cladding – advisory references panel – risk assessment tool – emergency order – varied decision
Decision information
Date of decision: 18 May 2021 Applicant: 'DB2' Agency: Country Fire Authority Citation: 'DB2' and Country Fire Authority (Freedom of Information) [2021] VICmr 138 (18 May 2021) Headnote: FREEDOM OF INFORMATION – record of meeting – emails – letters – Victorian Building Authority – third party request – notice of decision – auditor report – cladding – advisory references panel – risk assessment tool – emergency order – varied decision Sections in the FOI Act: 29A, 30, 31(1)(a), 31(1)(d), 35(1)(a), 35(1)(b) Download this file: DB2 and Country Fire Authority Freedom of Information 2021 VICmr 138 18 May 2021 - PDF (2 MB) -
‘DA7’ and Victoria Police (Freedom of Information) [2021] VICmr 134 (17 May 2021)
FREEDOM OF INFORMATION – complaint documents – third party – personal affairs information – unreasonable disclosure – [complaints against police officer]
Decision information
Date of decision: 17 May 2021 Applicant: 'DA7' Agency: Victoria Police Citation: 'DA7' and Victoria Police (Freedom of Information) [2021] VICmr 134 (17 May 2021) Headnote: FREEDOM OF INFORMATION – complaint documents – third party – personal affairs information – unreasonable disclosure – [complaints against police officer] Sections in the FOI Act: 25A(5), 33(1) Download this file: DA7 and Victoria Police Freedom of Information 2021 VICmr 134 17 May 2021 - PDF (217 KB) -
‘DA2’ and Department of Health (Freedom of Information) [2021] VICmr 129 (13 May 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: 13 May 2021 Applicant: 'DA2' Agency: Department of Health Citation: ‘DA2’ and Department of Health (Freedom of Information) [2021] VICmr 129 (13 May 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: ‘DA2 and Department of Health Freedom of Information 2021 VICmr 129 13 May 2021 - PDF (230 KB) -
‘DA1′ and Australian Grand Prix Corporation (Freedom of Information) [2021] VICmr 128 (13 May 2021)
FREEDOM OF INFORMATION – Australian Formula 1 Grand Prix – tickets sold for grandstand, corporate facilities and general admission – tickets sold to international and interstate visitors – section 19 – fresh decision
Decision information
Date of decision: 13 May 2021 Applicant: 'DA1' Agency: Australian Grand Prix Corporation Citation: ‘DA1' and Australian Grand Prix Corporation (Freedom of Information) [2021] VICmr 128 (13 May 2021) Headnote: FREEDOM OF INFORMATION – Australian Formula 1 Grand Prix – tickets sold for grandstand, corporate facilities and general admission – tickets sold to international and interstate visitors – section 19 – fresh decision Sections in the FOI Act: 34(4)(a)(ii) Download this file: ‘DA1 and Australian Grand Prix Corporation Freedom of Information 2021 VICmr 128 13 May 2021 1 - PDF (327 KB) -
‘CZ7’ and Bayside City Council (Freedom of Information) [2021] VICmr 125 (11 May 2021)
FREEDOM OF INFORMATION – planning documents – complaints – private building surveyor – advice and consent – information regarding neighbouring property – secrecy provision– unreasonable disclosure – Local Government Act 2020 (Vic)
Decision information
Date of decision: 11 May 2021 Applicant: 'CZ7' Agency: Bayside City Council Citation: 'CZ7' and Bayside City Council (Freedom of Information) [2021] VICmr 125 (11 May 2021) Headnote: FREEDOM OF INFORMATION – planning documents – complaints – private building surveyor – advice and consent – information regarding neighbouring property – secrecy provision– unreasonable disclosure – Local Government Act 2020 (Vic) Sections in the FOI Act: 38 Download this file: CZ7 and Bayside City Council Freedom of Information 2021 VICmr 125 11 May 2021 - PDF (392 KB) -
‘CZ9’ and Yarra Ranges Shire Council (Freedom of Information) [2021] VICmr 127 (11 May 2021)
FREEDOM OF INFORMATION – Emails – documents prepared for legal proceedings – legal privileged – confidential information – Local Government Act 2020 (Vic)
Decision information
Date of decision: 11 May 2021 Applicant: 'CZ9' Agency: Yarra Ranges Shire Council Citation: 'CZ9' and Yarra Ranges Shire Council (Freedom of Information) [2021] VICmr 127 (11 May 2021) Headnote: FREEDOM OF INFORMATION – Emails – documents prepared for legal proceedings – legal privileged – confidential information – Local Government Act 2020 (Vic) Sections in the FOI Act: 30, 32, 33(1), 35(1)(a), 38 Download this file: CZ9 and Yarra Ranges Shire Council Freedom of Information 2021 VICmr 127 11 May 2021 - PDF (2 MB) -
‘CY9’ and the Royal Children’s Hospital (Freedom of Information) [2021] VICmr 118 (5 May 2021)
FREEDOM OF INFORMATION – medical records – parent – child’s medical records – internal working documents – personal affairs information – information communicated in confidence
Decision information
Date of decision: 5 May 2021 Applicant: 'CY9" Agency: Royal Children’s Hospital Citation: 'CY9' and the Royal Children's Hospital (Freedom of Information) [2021] VICmr 118 (5 May 2021) Headnote: FREEDOM OF INFORMATION – medical records – parent – child’s medical records – internal working documents – personal affairs information – information communicated in confidence Sections in the FOI Act: 30, 33(1), 35(1)(a), 35(1)(b) Download this file: CY9 and the Royal Childrens Hospital Freedom of Information 2021 VICmr 118 5 May 2021 - PDF (894 KB) -
‘CY7’ and Department of Transport (Freedom of Information) [2021] VICmr 116 (3 May 2021)
FREEDOM OF INFORMATION – payment request form – tax invoice – signatures – agency officer name – personal affairs information
Decision information
Date of decision: 3 May 2021 Applicant: 'CY7' Agency: Department of Transport and Planning (DTP) Citation: 'CY7' and Department of Transport (Freedom of Information) [2021] VICmr 116 (3 May 2021) Headnote: FREEDOM OF INFORMATION – payment request form – tax invoice – signatures – agency officer name – personal affairs information Sections in the FOI Act: 33(1) Download this file: CY7 and Department of Transport Freedom of Information 2021 VICmr 116 3 May 2021 - PDF (236 KB)