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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‘DI8’ and Department of Justice and Community Safety (Freedom of Information) [2021] VICmr 207 (30 June 2021)
FREEDOM OF INFORMATION – Parole Suitability Assessment – Commonwealth jurisdiction – information submitted to Adult Parole Board – prisoner records
Decision information
Date of decision: 30 June 2021 Applicant: 'DI8' Agency: Department of Justice and Community Safety (DJCS) Citation: 'DI8' and Department of Justice and Community Safety (Freedom of Information) [2021] VICmr 207 (30 June 2021) Headnote: FREEDOM OF INFORMATION – Parole Suitability Assessment – Commonwealth jurisdiction – information submitted to Adult Parole Board – prisoner records Sections in the FOI Act: 31(1)(a) Download this file: DI8 and Department of Justice and Community Safety Freedom of Information 2021 VICmr 207 30 June 2021 - PDF (225 KB) -
Australian Broadcasting Corporation and Department of Justice and Community Safety (Freedom of Information) [2021] VICmr 209 (30 June 2021)
FREEDOM OF INFORMATION – prison documents – Justice Health Action Item – death in a correctional facility – emails – Jcare notes – ministerial briefing – medical records – notifiable incident/event report – records requests – incident debrief notes – action plan update – electronic case note record – Corrections Act 1986 (Vic) – varied decision
Decision information
Date of decision: 30 June 2021 Applicant: Australian Broadcasting Corporation Agency: Department of Justice and Community Safety (DJCS) Citation: Australian Broadcasting Corporation and Department of Justice and Community Safety (Freedom of Information) [2021] VICmr 209 (30 June 2021) Headnote: FREEDOM OF INFORMATION – prison documents – Justice Health Action Item – death in a correctional facility – emails – Jcare notes – ministerial briefing – medical records – notifiable incident/event report – records requests – incident debrief notes – action plan update – electronic case note record – Corrections Act 1986 (Vic) – varied decision Sections in the FOI Act: 30, 31(1)(a), 32, 33(1), 38 Download this file: Australian Broadcasting Corporation and Department of Justice and Community Safety Freedom of Information 2021 VICmr 209 30 June 2021 - PDF (2 MB) -
‘DJ2’ and Victorian WorkCover Authority (Freedom of Information) [2021] VICmr 210 (30 June 2021)
FREEDOM OF INFORMATION – request to process request on grounds all document, should any exist, would be exempt – whether prosecution should be brought under the Occupational Health and Safety Act 2004 (Vic) – communications to the Director of Public Prosecution (DPP) – section 131 of the Occupational Health and Safety Act 2004 (Vic)
Decision information
Date of decision: 30 June 2021 Applicant: 'DJ2' Agency: Victorian WorkCover Authority (t/a WorkSafe) Citation: 'DJ2' and Victorian WorkCover Authority (Freedom of Information) [2021] VICmr 210 (30 June 2021) Headnote: FREEDOM OF INFORMATION – request to process request on grounds all document, should any exist, would be exempt – whether prosecution should be brought under the Occupational Health and Safety Act 2004 (Vic) – communications to the Director of Public Prosecution (DPP) – section 131 of the Occupational Health and Safety Act 2004 (Vic) Sections in the FOI Act: 25A(5), 32 Download this file: DJ2 and Victorian WorkCover Authority Freedom of Information 2021 VICmr 210 30 June 2021 - PDF (233 KB) -
‘DI2’ and Victoria Police (Freedom of Information) [2021] VICmr 201 (29 June 2021)
FREEDOM OF INFORMATION – law enforcement documents – police investigation – police interview – suspect interview – video recording
Decision information
Date of decision: 29 June 2021 Applicant: 'DI2' Agency: Victoria Police Citation: 'DI2' and Victoria Police (Freedom of Information) [2021] VICmr 201 (29 June 2021) Headnote: FREEDOM OF INFORMATION – law enforcement documents – police investigation – police interview – suspect interview – video recording Sections in the FOI Act: 25A(5), 38 Download this file: DI2 and Victoria Police Freedom of Information 2021 VICmr 201 29 June 2021 - PDF (224 KB) -
‘DI4’ and Department of Justice and Community Safety (Freedom of Information) [2021] VICmr 203 (29 June 2021)
FREEDOM OF INFORMATION – prison documents – prison management – CCTV footage – prisoner – strip search – prison staff – secrecy provision – personal and confidential information – prejudice the proper administration or enforcement of the law
Decision information
Date of decision: 29 June 2021 Applicant: 'DI4' Agency: Department of Justice and Community Safety (DJCS) Citation: 'DI4' and Department of Justice and Community Safety (Freedom of Information) [2021] VICmr 203 (29 June 2021) Headnote: FREEDOM OF INFORMATION – prison documents – prison management – CCTV footage – prisoner – strip search – prison staff – secrecy provision – personal and confidential information – prejudice the proper administration or enforcement of the law Sections in the FOI Act: 31(1)(a), 31(1)(d), 38 Download this file: DI4 and Department of Justice and Community Safety Freedom of Information 2021 VICmr 203 29 June 2021 - PDF (413 KB) -
‘DH3’ and Department of Health (Freedom of Information) [2021] VICmr 193 (25 June 2021)
FREEDOM OF INFORMATION – Australian Health Protection Principal Committee (AHPPC) – Chief Health Officer – COVID-19 – contact tracing – testing – hotel quarantine – elimination and suppression strategies – public health workforce capacity – refusal to process an FOI request
Decision information
Date of decision: 25 June 2021 Applicant: 'DH3' Agency: Department of Health Citation: ‘DH3’ and Department of Health (Freedom of Information) [2021] VICmr 193 (25 June 2021) Headnote: FREEDOM OF INFORMATION – Australian Health Protection Principal Committee (AHPPC) – Chief Health Officer – COVID-19 – contact tracing – testing – hotel quarantine – elimination and suppression strategies – public health workforce capacity – refusal to process an FOI request Sections in the FOI Act: 25A(5), 29(a), 29(b) Download this file: ‘DH3 and Department of Health Freedom of Information 2021 VICmr 193 25 June 2021 - PDF (259 KB) -
‘DH6’ and Department of Justice and Community Safety (Freedom of Information) [2021] VICmr 196 (25 June 2021)
FREEDOM OF INFORMATION – community corrections file – case note – personal or confidential information – relevant person – secrecy provision – disclosure contrary to the public interest – section 61B(3)
Decision information
Date of decision: 25 June 2021 Applicant: 'DH6' Agency: Department of Justice and Community Safety (DJCS) Citation: ‘DH6’ and Department of Justice and Community Safety (Freedom of Information) [2021] VICmr 196 (25 June 2021) Headnote: FREEDOM OF INFORMATION – community corrections file – case note – personal or confidential information – relevant person – secrecy provision – disclosure contrary to the public interest – section 61B(3) Sections in the FOI Act: 30, 38 Download this file: ‘DH6 and Department of Justice and Community Safety Freedom of Information 2021 VICmr 196 25 June 2021 - PDF (417 KB) -
‘DG6’ and Department of Premier and Cabinet (Freedom of Information) [2021] VICmr 187 (23 June 2021)
FREEDOM OF INFORMATION – refusal to process request on grounds all documents, should any exist, would be exempt – COVID-19 pandemic – legal advice – legal professional privilege
Decision information
Date of decision: 23 June 2021 Applicant: 'DG6' Agency: Department of Premier and Cabinet (DPC) Citation: ‘DG6’ and Department of Premier and Cabinet (Freedom of Information) [2021] VICmr 187 (23 June 2021) Headnote: FREEDOM OF INFORMATION – refusal to process request on grounds all documents, should any exist, would be exempt – COVID-19 pandemic – legal advice – legal professional privilege Sections in the FOI Act: 25A(5), 32 Download this file: ‘DG6 and Department of Premier and Cabinet Freedom of Information 2021 VICmr 187 23 June 2021 1 - PDF (241 KB) -
‘DF9’ and Department of Justice and Community Safety (Freedom of Information) [2021] VICmr 181 (21 June 2021)
FREEDOM OF INFORMATION – prisoner records – Corrections Victoria – behaviour change program – treatment report – clinician opinion – Forensic Intervention Services
Decision information
Date of decision: 21 June 2021 Applicant: 'DF9' Agency: Department of Justice and Community Safety (DJCS) Citation: ‘DF9’ and Department of Justice and Community Safety (Freedom of Information) [2021] VICmr 181 (21 June 2021) Headnote: FREEDOM OF INFORMATION – prisoner records – Corrections Victoria – behaviour change program – treatment report – clinician opinion – Forensic Intervention Services Sections in the FOI Act: 30, 31(1)(a), 38 Download this file: ‘DF9 and Department of Justice and Community Safety Freedom of Information 2021 VICmr 181 21 June 2021 - PDF (258 KB) -
‘DF6’ and Department of Justice and Community Safety (Freedom of Information) [2021] VICmr 178 (18 June 2021)
FREEDOM OF INFORMATION – agency board of management – meeting agenda – meeting minutes – COVID-19 pandemic – Audit Act 1994 (Vic)
Decision information
Date of decision: 18 June 2021 Applicant: 'DF6' Agency: Department of Justice and Community Safety (DJCS) Citation: ‘DF6’ and Department of Justice and Community Safety (Freedom of Information) [2021] VICmr 178 (18 June 2021) Headnote: FREEDOM OF INFORMATION – agency board of management – meeting agenda – meeting minutes – COVID-19 pandemic – Audit Act 1994 (Vic) Sections in the FOI Act: 28(1)(d), 30 Download this file: ‘DF6 and Department of Justice and Community Safety Freedom of Information 2021 VICmr 178 18 June 2021 - PDF (2 MB) -
‘DF1’ and Department of Transport (Freedom of Information) [2021] VICmr 173 (16 June 2021)
FREEDOM OF INFORMATION – ministerial briefing – design and planning – light rail link – business case – expenditure of public funds – Cabinet submission – issues to be considered by Cabinet
Decision information
Date of decision: 16 June 2021 Applicant: 'DF1' Agency: Citation: 'DF1' and Department of Transport (Freedom of Information) [2021] VICmr 173 (16 June 2021) Headnote: FREEDOM OF INFORMATION – ministerial briefing – design and planning – light rail link – business case – expenditure of public funds – Cabinet submission – issues to be considered by Cabinet Sections in the FOI Act: 28(1)(b), 28(1)(ba), 30, 33(1) Download this file: DF1 and Department of Transport Freedom of Information 2021 VICmr 173 16 June 2021 - PDF (799 KB) -
‘DE8’ and Country Fire Authority (Freedom of Information) [2021] VICmr 171 (11 June 2021)
FREEDOM OF INFORMATION – complaint regarding social media comment – email address of complainant – investigation of complaint
Decision information
Date of decision: 11 June 2021 Applicant: 'DE8' Agency: Country Fire Authority Citation: 'DE8' and Country Fire Authority (Freedom of Information) [2021] VICmr 171 (11 June 2021) Headnote: FREEDOM OF INFORMATION – complaint regarding social media comment – email address of complainant – investigation of complaint Sections in the FOI Act: 33(1) Download this file: DE8 and Country Fire Authority Freedom of Information 2021 VICmr 171 11 June 2021 - PDF (225 KB) -
‘DE7’ and Victoria Police (Freedom of Information) [2021] VICmr 170 (11 June 2021)
FREEDOM OF INFORMATION – police records – police investigation – sexual assault allegations – witness statements – medical records – Law Enforcement Assistance Program (LEAP) documents – Interpose investigation report – handwritten notes – section 61B(3)
Decision information
Date of decision: 11 June 2021 Applicant: 'DE7' Agency: Victoria Police Citation: 'DE7' and Victoria Police (Freedom of Information) [2021] VICmr 170 (11 June 2021) Headnote: FREEDOM OF INFORMATION – police records – police investigation – sexual assault allegations – witness statements – medical records – Law Enforcement Assistance Program (LEAP) documents – Interpose investigation report – handwritten notes – section 61B(3) Sections in the FOI Act: 30, 33(1), 35(1)(b) Download this file: DE7 and Victoria Police Freedom of Information 2021 VICmr 170 11 June 2021 - PDF (493 KB) -
‘DE5’ and Country Fire Authority (Freedom of Information) [2021] VICmr 168 (9 June 2021)
FREEDOM OF INFORMATION – workplace investigation – workplace complaint – investigator engaged
by legal advisers – investigation report – legal privilegeDecision information
Date of decision: 9 June 2021 Applicant: ‘DE5’ Agency: Country Fire Authority Citation: 'DE5' and Country Fire Authority (Freedom of Information) [2021] VICmr 168 (9 June 2021) Headnote: FREEDOM OF INFORMATION – workplace investigation – workplace complaint – investigator engaged by legal advisers – investigation report – legal privilege Sections in the FOI Act: 32 Download this file: DE5 and Country Fire Authority Freedom of Information 2021 VICmr 168 9 June 2021 - PDF (1 MB) -
‘DD3’ and Victoria Police (Freedom of Information) [2021] VICmr 157 (4 June 2021)
FREEDOM OF INFORMATION – number of police officers – protests – demonstrations
Decision information
Date of decision: 4 June 2021 Applicant: 'DD3' Agency: Victoria Police Citation: ‘DD3’ and Victoria Police (Freedom of Information) [2021] VICmr 157 (4 June 2021) Headnote: FREEDOM OF INFORMATION – number of police officers – protests – demonstrations Sections in the FOI Act: 31(1)(d), 31(1)(e) Download this file: ‘DD3 and Victoria Police Freedom of Information 2021 VICmr 157 4 June 2021 - PDF (340 KB) -
‘DD1’ and City of Boroondara (Freedom of Information) [2021] VICmr 155 (4 June 2021)
FREEDOM OF INFORMATION – emails – file notes – witness statements – communications between lawyer and client – prosecution file – legal privilege – confidential information – secrecy provision
Decision information
Date of decision: 4 June 2021 Applicant: 'DD1' Agency: Boroondara City Council Citation: 'DD1' and City of Boroondara (Freedom of Information) [2021] VICmr 155 (4 June 2021) Headnote: FREEDOM OF INFORMATION – emails – file notes – witness statements – communications between lawyer and client – prosecution file – legal privilege – confidential information – secrecy provision Sections in the FOI Act: 25, 30, 31(1)(a), 31(1)(d), 32, 33(1), 34(1)(b), 35(1)(a), 35(1)(b), 38 Download this file: DD1 and City of Boroondara Freedom of Information 2021 VICmr 155 4 June 2021 - PDF (7 MB)