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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‘DO6’ and Department of Jobs, Precincts and Regions (Freedom of Information) [2021] VICmr 259 (27 August 2021)
FREEDOM OF INFORMATION – gift register – Australian Open complimentary tickets – State government invitees – personal affairs information – not unreasonable to disclose
Decision information
Date of decision: 27 August 2021 Applicant: 'DO6' Agency: Citation: ‘DO6’ and Department of Jobs, Precincts and Regions (Freedom of Information) [2021] VICmr 259 (27 August 2021) Headnote: FREEDOM OF INFORMATION – gift register – Australian Open complimentary tickets – State government invitees – personal affairs information – not unreasonable to disclose Sections in the FOI Act: 33(1) Download this file: ‘DO6 and Department of Jobs Precincts and Regions Freedom of Information 2021 VICmr 259 27 August 2021 - PDF (248 KB) -
‘DO1’ and Department of Justice and Community Safety (Freedom of Information) [2021] VICmr 254 (26 August 2021)
FREEDOM OF INFORMATION – Corrections Victoria – prisons – correctional facilities – prisoner health and welfare – COVID-19 pandemic – protective quarantine arrangements – discussion paper – draft document – disclosure not contrary to the public interest
Decision information
Date of decision: 26 August 2021 Applicant: 'DO1' Agency: Department of Justice and Community Safety (DJCS) Citation: 'DO1' and Department of Justice and Community Safety (Freedom of Information) [2021] VICmr 254 (26 August 2021) Headnote: FREEDOM OF INFORMATION – Corrections Victoria – prisons – correctional facilities – prisoner health and welfare – COVID-19 pandemic – protective quarantine arrangements – discussion paper – draft document – disclosure not contrary to the public interest Sections in the FOI Act: 30 Download this file: DO1 and Department of Justice and Community Safety Freedom of Information 2021 VICmr 254 26 August 2021 - PDF (231 KB) -
‘DN9’ and COVID-19 Quarantine Victoria (Freedom of Information) [2021] VICmr 253 (20 August 2021)
FREEDOM OF INFORMATION – COVID-19 pandemic – hotel quarantine program – COVID-19 Accommodation Program – ventilation design and performance – engineering services review – information acquired from business undertaking – disclosure not contrary to the public interest
Decision information
Date of decision: 20 August 2021 Applicant: 'DN9' Agency: COVID-19 Quarantine Victoria Citation: 'DN9' and COVID-19 Quarantine Victoria (Freedom of Information) [2021] VICmr 253 (20 August 2021) Headnote: FREEDOM OF INFORMATION – COVID-19 pandemic – hotel quarantine program – COVID-19 Accommodation Program - ventilation design and performance – engineering services review – information acquired from business undertaking – disclosure not contrary to the public interest Sections in the FOI Act: 30, 34(1)(b), 25 Download this file: DN9 and COVID 19 Quarantine Victoria Freedom of Information 2021 VICmr 253 20 August 2021 - PDF (395 KB) -
‘DN8’ and Victoria Police (Freedom of Information) [2021] VICmr 252 (20 August 2021)
FREEDOM OF INFORMATION – incident report – LEAP report – electronic patrol duty return form – handwritten notes – Victorian Government Solicitor’s Office (VGSO) advice – CCTV – 000 call involving the Applicant – triple zero call
Decision information
Date of decision: 20 August 2021 Applicant: 'DN8' Agency: Victoria Police Citation: 'DN8' and Victoria Police (Freedom of Information) [2021] VICmr 252 (20 August 2021) Headnote: FREEDOM OF INFORMATION – incident report – LEAP report – electronic patrol duty return form – handwritten notes – Victorian Government Solicitor’s Office (VGSO) advice – CCTV – 000 call involving the Applicant – triple zero call Sections in the FOI Act: 30, 32, 33(1) Download this file: DN8 and Victoria Police Freedom of Information 2021 VICmr 252 20 August 2021 - PDF (1 MB) -
‘DN3’ and Department of Justice and Community Safety (Freedom of Information) [2021] VICmr 247 (16 August 2021)
FREEDOM OF INFORMATION – prison records – Corrections Victoria – Individual Management File (IMF) – Community Correctional Services (CCS) File – documents not subject to the FOI Act – access subject to fee – document available for purchase – [multiple FOI requests combined]
Decision information
Date of decision: 16 August 2021 Applicant: 'DN3' Agency: Department of Justice and Community Safety (DJCS) Citation: ‘DN3’ and Department of Justice and Community Safety (Freedom of Information) [2021] VICmr 247 (16 August 2021) Headnote: FREEDOM OF INFORMATION – prison records – Corrections Victoria – Individual Management File (IMF) – Community Correctional Services (CCS) File – documents not subject to the FOI Act – access subject to fee – document available for purchase – [multiple FOI requests combined] Sections in the FOI Act: 14(1)(b), 29B, 30, 31(1)(a), 31(1)(d), 33(1), 35(1)(b), 38 Download this file: ‘DN3 and Department of Justice and Community Safety Freedom of Information 2021 VICmr 247 16 August 2021 - PDF (336 KB) -
‘DM3’ and Department of Environment, Land, Water and Planning (Freedom of Information) [2021] VICmr 238 (11 August 2021)
FREEDOM OF INFORMATION – ministerial briefs – government inquiry – request for documents under Emergency Management Act 2013 (Vic) – legal advice
Decision information
Date of decision: 11 August 2021 Applicant: 'DM3' Agency: Citation: 'DM3' and Department of Environment, Land, Water and Planning (Freedom of Information) [2021] VICmr 238 (11 August 2021) Headnote: FREEDOM OF INFORMATION – ministerial briefs – government inquiry – request for documents under Emergency Management Act 2013 (Vic) – legal advice Sections in the FOI Act: 32 Download this file: DM3 and Department of Environment Land Water and Planning Freedom of Information 2021 VICmr 238 11 August 2021 - PDF (227 KB) -
‘DL8’ and Holmesglen Institute (Freedom of Information) [2021] VICmr 234 (10 August 2021)
FREEDOM OF INFORMATION – workplace relations – employee grievance – employee complaint – workplace investigation – external consultant – procedural fairness – meeting notes – investigation report – matter in the nature of opinion, advice and recommendation – factual information – release not contrary to the public interest – personal affairs information of agency officers – confidential information – not provided in confidence
Decision information
Date of decision: 10 August 2021 Applicant: 'DL8' Agency: Holmesglen Institute Citation: 'DL8' and Holmesglen Institute (Freedom of Information) [2021] VICmr 234 (10 August 2021) Headnote: FREEDOM OF INFORMATION – workplace relations – employee grievance – employee complaint – workplace investigation – external consultant – procedural fairness – meeting notes – investigation report – matter in the nature of opinion, advice and recommendation – factual information – release not contrary to the public interest – personal affairs information of agency officers – confidential information – not provided in confidence Sections in the FOI Act: 30, 33(1), 35(1)(b) Download this file: DL8 and Holmesglen Institute Freedom of Information 2021 VICmr 234 10 August 2021 - PDF (507 KB) -
‘DL5’ and Department of Transport (Freedom of Information) [2021] VICmr 231 (6 August 2021)
FREEDOM OF INFORMATION – submission proposal – cabinet-in-confidence – business case – attachment to cabinet submission
Decision information
Date of decision: 6 August 2021 Applicant: 'DL5' Agency: Department of Transport and Planning (DTP) Citation: 'DL5' and Department of Transport (Freedom of Information) [2021] VICmr 231 (6 August 2021) Headnote: FREEDOM OF INFORMATION – submission proposal – cabinet-in-confidence – business case – attachment to cabinet submission Sections in the FOI Act: 28(1)(b) Download this file: DL5 and Department of Transport Freedom of Information 2021 VICmr 231 6 August 2021 - PDF (232 KB) -
‘BW5’ and Victorian Institute of Teaching (Freedom of Information) [2020] VICmr 216 (5 August 2020)
FREEDOM OF INFORMATION – waiver of application fee – hardship
Decision information
Date of decision: 5 August 2021 Applicant: 'BW5' Agency: Victorian Institute of Teaching Citation: 'BW5' and Victorian Institute of Teaching (Freedom of Information) [2020] VICmr 216 (5 August 2020) Headnote: FREEDOM OF INFORMATION – waiver of application fee – hardship Sections in the FOI Act: 17 Download this file: BW5 and Victorian Institute of Teaching Freedom of Information 2020 VICmr 216 5 August 2020 - PDF (299 KB) -
‘DL2’ and Department of Justice and Community Safety (Freedom of Information) [2021] VICmr 228 (4 August 2021)
FREEDOM OF INFORMATION – prison record – prisoner – substance testing – urinalysis procedures – operational procedures – security and management of prisons – Corrections Act 1986 (Vic)
Decision information
Date of decision: 4 August 2021 Applicant: 'DL2' Agency: Department of Justice and Community Safety (DJCS) Citation: ‘DL2’ and Department of Justice and Community Safety (Freedom of Information) [2021] VICmr 228 (4 August 2021) Headnote: FREEDOM OF INFORMATION – prison record – prisoner – substance testing – urinalysis procedures – operational procedures – security and management of prisons – Corrections Act 1986 (Vic) Sections in the FOI Act: 31(1)(a), 38 Download this file: ‘DL2 and Department of Justice and Community Safety Freedom of Information 2021 VICmr 228 4 August 2021 - PDF (229 KB)