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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‘DW1’ and Swan Hill Rural City Council (Freedom of Information) [2021] VICmr 326 (29 October 2021)
All references to legislation in this document are to the Freedom of Information Act 1982 (Vic) (FOI Act) unless otherwise stated. Notice of Decision I have conducted a review under section 49F of the Agency’s fresh decision to refuse access…
Decision information
Date of decision: 29 October 2021 Applicant: 'DW1' Agency: Swan Hill Rural City Council Citation: 'DW1' and Swan Hill Rural City Council (Freedom of Information) [2021] VICmr 326 (29 October 2021) Headnote: FREEDOM OF INFORMATION – council documents – property information – assembly of councillors – closed council meetings – secrecy provision – confidential information – personal affairs information – disclosure unreasonable – Local Government Act 2020 (Vic) – information provided in confidence – disclosure not contrary to public interest Sections in the FOI Act: 33(1), 35(1)(b), 38 Download this file: DW1 and Swan Hill Rural City Council Freedom of Information 2021 VICmr 326 29 October 2021 - PDF (973 KB) -
‘DU4’ and Department of Families, Fairness and Housing (Freedom of Information) [2021] VICmr 311 (19 October 2021)
FREEDOM OF INFORMATION – wardship file – ward of state record – care leaver record – information regarding third parties – age of documents – passage of time
Decision information
Date of decision: 19 October 2021 Applicant: 'DU4' Agency: Department of Families, Fairness and Housing (DFFH) Citation: 'DU4' and Department of Families, Fairness and Housing (Freedom of Information) [2021] VICmr 311 (19 October 2021) Headnote: FREEDOM OF INFORMATION – wardship file – ward of state record – care leaver record – information regarding third parties – age of documents – passage of time Sections in the FOI Act: 33(1) Download this file: DU4 and Department of Families Fairness and Housing Freedom of Information 2021 VICmr 311 19 October 2021 - PDF (2 MB) -
‘DU2’ and Department of Health (Freedom of Information) [2021] VICmr 309 (15 October 2021)
FREEDOM OF INFORMATION – COVID-19 pandemic – Chief Health Officer (CHO) – public health directions – public health orders – Minister for Health – briefing – legal advice – Public Health and Wellbeing Act 2008 (Vic)
Decision information
Date of decision: 15 October 2021 Applicant: 'DU2' Agency: Department of Health Citation: 'DU2' and Department of Health (Freedom of Information) [2021] VICmr 309 (15 October 2021) Headnote: FREEDOM OF INFORMATION – COVID-19 pandemic – Chief Health Officer (CHO) – public health directions – public health orders – Minister for Health – briefing – legal advice – Public Health and Wellbeing Act 2008 (Vic) Sections in the FOI Act: 28(1)(c), 28(1)(d), 29(a), 29(b), 30, 32, 33(1) Download this file: DU2 and Department of Health Freedom of Information 2021 VICmr 309 15 October 2021 - PDF (758 KB) -
‘DU6’ and Victoria University (Freedom of Information) [2021] 313(15 October 2021)
Decision information
Date of decision: 15 October 2021 Applicant: 'DU6' Agency: Victoria University Citation: ‘DU6’ and Victoria University (Freedom of Information) [2021] 313(15 October 2021) Headnote: FREEDOM OF INFORMATION – university records – workplace conduct – workplace investigation – personal affairs information of third parties – practicable to edit document Sections in the FOI Act: 25, 30, 32, 33(1), 35(1)(b), 36(1)(b) Download this file: ‘DU6and Victoria University Freedom of Information 2021 31315 October 2021 - PDF (267 KB) -
‘DT7’ and Fire Rescue Victoria (Freedom of Information) [2021] VICmr 305 (13 October 2021)
FREEDOM OF INFORMATION – 25A(6) – intention to refuse access – reasonable opportunity to consult – as far as practicable provide information to applicant to assist making a request – requirements to refusal not met
Decision information
Date of decision: 13 October 2021 Applicant: 'DT7' Agency: Fire Rescue Victoria Citation: 'DT7' and Fire Rescue Victoria (Freedom of Information) [2021] VICmr 305 (13 October 2021) Headnote: FREEDOM OF INFORMATION – 25A(6) – intention to refuse access – reasonable opportunity to consult – as far as practicable provide information to applicant to assist making a request – requirements to refusal not met Sections in the FOI Act: 25A(1) Download this file: DT7 and Fire Rescue Victoria Freedom of Information 2021 VICmr 305 13 October 2021 - PDF (249 KB) -
‘DT5’ and Department of Education and Training (Freedom of Information) [2021] VICmr 303 (11 October 2021)
FREEDOM OF INFORMATION – primary school photograph – students – children – personal affairs information of third parties – disclosure unreasonable
Decision information
Date of decision: 11 October 2021 Applicant: 'DT5' Agency: Citation: 'DT5' and Department of Education and Training (Freedom of Information) [2021] VICmr 303 (11 October 2021) Headnote: FREEDOM OF INFORMATION – primary school photograph – students – children – personal affairs information of third parties – disclosure unreasonable Sections in the FOI Act: 33(1) Download this file: DT5 and Department of Education and Training Freedom of Information 2021 VICmr 303 11 October 2021 - PDF (237 KB) -
‘DT2’ and Department of Transport (Freedom of Information) [2021] VICmr 300 (8 October 2021)
FREEDOM OF INFORMATION – Urban Air Mobility Steering Committee – advice – information provided in confidence – deliberation or decision of the Cabinet – disclosure not contrary to the public interest
Decision information
Date of decision: 8 October 2021 Applicant: 'DT2' Agency: Citation: ‘DT2’ and Department of Transport (Freedom of Information) [2021] VICmr 300 (8 October 2021) Headnote: FREEDOM OF INFORMATION – Urban Air Mobility Steering Committee – advice – information provided in confidence – deliberation or decision of the Cabinet – disclosure not contrary to the public interest Sections in the FOI Act: 28(1)(d), 30, 35(1)(a), 35(1)(b) Download this file: ‘DT2 and Department of Transport Freedom of Information 2021 VICmr 300 8 October 2021 - PDF (285 KB) -
‘DS8’ and Department of Health (Freedom of Information) [2021] VICmr 297 (6 October 2021)
FREEDOM OF INFORMATION – COVID-19 pandemic – Contact Centre Review – draft documents – disclosure not contrary to the public interest– varied decision
Decision information
Date of decision: 6 October 2021 Applicant: 'DS8' Agency: Department of Health Citation: 'DS8' and Department of Health (Freedom of Information) [2021] VICmr 297 (6 October 2021) Headnote: FREEDOM OF INFORMATION – COVID-19 pandemic – Contact Centre Review – draft documents – disclosure not contrary to the public interest– varied decision Sections in the FOI Act: 30, 34(1)(b) Download this file: DS8 and Department of Health Freedom of Information 2021 VICmr 297 6 October 2021 - PDF (484 KB) -
‘DS6’ and Victoria Police (Freedom of Information) [2021] VICmr 295 (6 October 2021)
FREEDOM OF INFORMATION – law enforcement documents – police documents – police 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: 6 October 2021 Applicant: 'DS6' Agency: Victoria Police Citation: 'DS6' and Victoria Police (Freedom of Information) [2021] VICmr 295 (6 October 2021) Headnote: FREEDOM OF INFORMATION – law enforcement documents – police documents – police 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: DS6 and Victoria Police Freedom of Information 2021 VICmr 295 6 October 2021 - PDF (249 KB) -
‘DS3’ and Victorian Legal Services Board (Freedom of Information) [2021] VICmr 292 (1 October 2021)
FREEDOM OF INFORMATION – regulator documents – complaint – legal profession– law practice – emails – internal documents – information provided in confidence – secrecy provision – Legal Profession Act 2004 (Vic) – Legal Practice Act 1996 (Vic) – Legal Profession Uniform Law Application Act 2014 (Vic) – Uniform Law
Decision information
Date of decision: 1 October 2021 Applicant: 'DS3' Agency: Victorian Legal Services Board Citation: 'DS3' and Victorian Legal Services Board (Freedom of Information) [2021] VICmr 292 (1 October 2021) Headnote: FREEDOM OF INFORMATION – regulator documents – complaint – legal profession– law practice – emails – internal documents – information provided in confidence – secrecy provision – Legal Profession Act 2004 (Vic) – Legal Practice Act 1996 (Vic) – Legal Profession Uniform Law Application Act 2014 (Vic) – Uniform Law Sections in the FOI Act: 33(1), 38 Download this file: DS3 and Victorian Legal Services Board Freedom of Information 2021 VICmr 292 1 October 2021 - PDF (254 KB) -
‘DS4’ and Campaspe Shire Council (Freedom of Information) [2021] VICmr 293 (1 October 2021)
FREEDOM OF INFORMATION – council documents – planning documents – planning applications – plans – land use permits – secrecy provision – Local Government Act 2020 (Vic) – personal information
Decision information
Date of decision: 1 October 2021 Applicant: 'DS4' Agency: Campaspe Shire Council Citation: 'DS4' and Campaspe Shire Council (Freedom of Information) [2021] VICmr 293 (1 October 2021) Headnote: FREEDOM OF INFORMATION – council documents – planning documents – planning applications – plans – land use permits – secrecy provision – Local Government Act 2020 (Vic) – personal information Sections in the FOI Act: 38 Download this file: DS4 and Campaspe Shire Council Freedom of Information 2021 VICmr 293 1 October 2021 - PDF (231 KB)