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.
-
‘CO8’ and Department of Jobs, Precincts and Regions (Freedom of Information) [2021] VICmr 26 (31 December 2021)
FREEDOM OF INFORMATION – ministerial briefing – arts funding – use of public land – whole of government investment committee – not engaged in trade or commerce
Decision information
Date of decision: 31 December 2021 Applicant: 'CO8' Agency: Department of Jobs, Skills, Industry and Regions (DJSIR) Citation: 'CO8' and Department of Jobs, Precincts and Regions (Freedom of Information) [2021] VICmr 26 (31 December 2021) Headnote: FREEDOM OF INFORMATION – ministerial briefing – arts funding – use of public land – whole of government investment committee – not engaged in trade or commerce Sections in the FOI Act: 28(1)(ba), 30, 34(1)(b), 34(4)(a)(ii) Download this file: CO8 and Department of Jobs Precincts and Regions Freedom of Information 2021 VICmr 26 31 December 2021 - PDF (1 MB) -
‘DX3’ and Victorian WorkCover Authority (Freedom of Information) [2021] VICmr 333 (30 December 2021)
FREEDOM OF INFORMATION – documents affecting legal professional privilege – referral letters to the Director of Public Prosecutions – consideration of whether to prosecute a matter – Workplace Injury Rehabilitation and Compensation Act 2013 (Vic)
Decision information
Date of decision: 30 December 2021 Applicant: 'DX3' Agency: Victorian WorkCover Authority (t/a WorkSafe) Citation: 'DX3' and Victorian WorkCover Authority (Freedom of Information) [2021] VICmr 333 (30 December 2021) Headnote: FREEDOM OF INFORMATION – documents affecting legal professional privilege – referral letters to the Director of Public Prosecutions – consideration of whether to prosecute a matter – Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) Sections in the FOI Act: 32, 33(1) Download this file: DX3 and Victorian WorkCover Authority Freedom of Information 2021 VICmr 333 30 December 2021DX3 - PDF (1 MB) -
‘EB2’ and Victorian WorkCover Authority (Freedom of Information) [2021] VICmr 335 (29 December 2021)
FREEDOM OF INFORMATION – workplace incident – workplace complaint – workplace investigation – WorkSafe – internal working documents – legal professional privilege – personal affairs information – prosecution record
Decision information
Date of decision: 29 December 2021 Applicant: 'EB2' Agency: Victorian WorkCover Authority (t/a WorkSafe) Citation: 'EB2' and Victorian WorkCover Authority (Freedom of Information) [2021] VICmr 335 (29 December 2021) Headnote: FREEDOM OF INFORMATION – workplace incident – workplace complaint – workplace investigation – WorkSafe – internal working documents – legal professional privilege – personal affairs information – prosecution record Sections in the FOI Act: 25, 30, 32, 33(1) Download this file: EB2 and Victorian WorkCover Authority Freedom of Information 2021 VICmr 335 29 December 2021 - PDF (1 MB) -
‘DS7’ and Horsham Rural City Council (Freedom of Information) [2021] VICmr 296 (22 December 2021)
FREEDOM OF INFORMATION – council documents – employment contract – chief executive officer – senior executive officer – salary – performance criteria – superannuation – motor vehicle allowance – draft organisational restructure – secrecy provision – Local Government Act 2020 (Vic)
Decision information
Date of decision: 22 December 2021 Applicant: 'DS7' Agency: Horsham Rural City Council Citation: 'DS7' and Horsham Rural City Council (Freedom of Information) [2021] VICmr 296 (22 December 2021) Headnote: FREEDOM OF INFORMATION – council documents – employment contract – chief executive officer – senior executive officer – salary – performance criteria – superannuation – motor vehicle allowance – draft organisational restructure – secrecy provision – Local Government Act 2020 (Vic) Sections in the FOI Act: 30, 33(1), 34(4)(a)(ii), 36(2)(b), 38 Download this file: DS7 and Horsham Rural City Council Freedom of Information 2021 VICmr 296 22 December 2021 - PDF (805 KB) -
‘CU3’ and Department of Premier and Cabinet (Freedom of Information) [2021] VICmr 76 (21 December 2021)
FREEDOM OF INFORMATION – Public Accounts and Estimates Committee (PAEC) brief – unreleased health data – Victorian Agency for Health Information (VAHI) – COVID-19 pandemic – impact on mental health, alcohol and other drug treatment services in Victoria
Decision information
Date of decision: 21 December 2021 Applicant: 'CU3' Agency: Department of Premier and Cabinet (DPC) Citation: 'CU3' and Department of Premier and Cabinet (Freedom of Information) [2021] VICmr 76 (21 December 2021) Headnote: FREEDOM OF INFORMATION – Public Accounts and Estimates Committee (PAEC) brief – unreleased health data – Victorian Agency for Health Information (VAHI) – COVID-19 pandemic – impact on mental health, alcohol and other drug treatment services in Victoria Sections in the FOI Act: 28(1)(d), 30, 35(1)(a), 35(1)(b) Download this file: CU3 and Department of Premier and Cabinet Freedom of Information 2021 VICmr 76 21 December 2021 - PDF (525 KB) -
‘CW5’ and Victorian WorkCover Authority (Freedom of Information) [2021] VICmr 96 (20 December 2021)
Decision information
Date of decision: 20 December 2021 Applicant: 'CW5' Agency: Victorian WorkCover Authority (t/a WorkSafe) Citation: ‘CW5’ and Victorian WorkCover Authority (Freedom of Information) [2021] VICmr 96 (20 December 2021) Headnote: FREEDOM OF INFORMATION – legal professional privilege – summary brief and supporting documents – request for legal advice – Occupational Health and Safety Act 2004 (Vic) All reference to legislation in this document is to the Freedom of Information Act 1982 (Vic) (FOI Act) unless otherwise stated. Sections in the FOI Act: 33(1), 32, 34(1)(b) Download this file: ‘CW5 and Victorian WorkCover Authority Freedom of Information 2021 VICmr 96 20 December 2021 - PDF (2 MB) -
‘CV1’ and Department of Treasury and Finance (Freedom of Information) [2021] VICmr 83 (17 December 2021)
FREEDOM OF INFORMATION – ministerial brief – Ballarat GovHub fit-out costs – government procurement – expenditure of public funds – decision of Cabinet – decision of a Minister
Decision information
Date of decision: 17 December 2021 Applicant: 'CV1' Agency: Department of Treasury and Finance (DTF) Citation: 'CV1' and Department of Treasury and Finance (Freedom of Information) [2021] VICmr 83 (17 December 2021) Headnote: FREEDOM OF INFORMATION – ministerial brief – Ballarat GovHub fit-out costs – government procurement – expenditure of public funds – decision of Cabinet – decision of a Minister Sections in the FOI Act: 28(1)(d), 30 Download this file: CV1 and Department of Treasury and Finance Freedom of Information 2021 VICmr 83 17 December 2021 - PDF (467 KB) -
‘DX2’ and Safer Care Victoria (Freedom of Information) [2021] VICmr 332 (14 December 2021)
FREEDOM OF INFORMATION – COVID-19 pandemic – COVID-19 Quarantine Victoria – Hotel Quarantine Program – infection protocols – Cabinet documents – copy of a Cabinet document – draft Cabinet document
Decision information
Date of decision: 14 December 2021 Applicant: 'DX2' Agency: Safer Care Victoria Citation: ‘DX2’ and Safer Care Victoria (Freedom of Information) [2021] VICmr 332 (14 December 2021) Headnote: FREEDOM OF INFORMATION – COVID-19 pandemic – COVID-19 Quarantine Victoria – Hotel Quarantine Program – infection protocols – Cabinet documents – copy of a Cabinet document – draft Cabinet document Sections in the FOI Act: 28(1)(c) Download this file: ‘DX2 and Safer Care Victoria Freedom of Information 2021 VICmr 332 14 December 2021 - PDF (230 KB) -
‘DR2’ and Victorian Building Authority (Freedom of Information) [2021] VICmr 282 (6 December 2021)
FREEDOM OF INFORMATION – agenda – minutes – Agency board – regulatory functions – titles of attachments
Decision information
Date of decision: 6 December 2021 Applicant: 'DR2' Agency: Victorian Building Authority Citation: 'DR2' and Victorian Building Authority (Freedom of Information) [2021] VICmr 282 (6 December 2021) Headnote: FREEDOM OF INFORMATION – agenda – minutes – Agency board – regulatory functions – titles of attachments Sections in the FOI Act: 30, 31(1)(d), 32 Download this file: DR2 and Victorian Building Authority Freedom of Information 2021 VICmr 282 6 December 2021 - PDF (2 MB) -
‘CQ8’ and Department of Families, Fairness and Housing (Freedom of Information) [2021] VICmr 44 (3 December 2021)
FREEDOM OF INFORMATION – Child Protection documents – parent seeking access to documents – refusal to process FOI request – prejudice proper administration of the law – personal affairs information – secrecy provision – confidentiality provision – Children, Youth and Families Act 2005 (Vic)
Decision information
Date of decision: 3 December 2021 Applicant: 'CQ8' Agency: Department of Families, Fairness and Housing Citation: 'CQ8' and Department of Families, Fairness and Housing (freedom of Information) [2021] VICmr 44 (3 December 2021) Headnote: FREEDOM OF INFORMATION – Child Protection documents – parent seeking access to documents – refusal to process FOI request – prejudice proper administration of the law – personal affairs information – secrecy provision – confidentiality provision – Children, Youth and Families Act 2005 (Vic) Sections in the FOI Act: 25A(5), 31(1)(a), 31(1)(c), 35(1)(b), 38 Download this file: CQ8 and Department of Families Fairness and Housing freedom of Information 2021 VICmr 44 3 December 2021 - PDF (290 KB) -
‘DW4’ and Department of Environment, Land, Water and Planning (Freedom of Information) [2021] VICmr 328 (2 December 2021)
FREEDOM OF INFORMATION – VicForests – harvesting and regeneration – response to investigation outcome – instructions – statistical information – statutory obligations
Decision information
Date of decision: 2 December 2021 Applicant: 'DW4' Agency: Citation: ‘DW4’ and Department of Environment, Land, Water and Planning (Freedom of Information) [2021] VICmr 328 (2 December 2021) Headnote: FREEDOM OF INFORMATION – VicForests – harvesting and regeneration – response to investigation outcome – instructions – statistical information – statutory obligations Sections in the FOI Act: 35(1)(b) Download this file: ‘DW4 and Department of Environment Land Water and Planning Freedom of Information 2021 VICmr 328 2 December 2021 - PDF (902 KB) -
‘DX1’ and Department of Premier and Cabinet (Freedom of Information) [2021] VICmr 331 (2 December 2021)
FREEDOM OF INFORMATION – COVID-19 pandemic – public health directions – legal advice – Cabinet documents
Decision information
Date of decision: 2 December 2021 Applicant: 'DX1' Agency: Department of Premier and Cabinet (DPC) Citation: ‘DX1’ and Department of Premier and Cabinet (Freedom of Information) [2021] VICmr 331 (2 December 2021) Headnote: FREEDOM OF INFORMATION – COVID-19 pandemic – public health directions – legal advice – Cabinet documents Sections in the FOI Act: 28(1)(b), 28(1)(c), 28(1)(d), 32 Download this file: ‘DX1 and Department of Premier and Cabinet Freedom of Information 2021 VICmr 331 2 December 2021 - PDF (1 MB) -
‘EJ9’ and Northern Health (Freedom of Information) [2021] VICmr 337 (2 December 2021)
FREEDOM OF INFORMATION – medical records – deceased [family member] – refusal to process request on grounds all documents, should any exist, would be exempt – disclosure of personal affairs information
Decision information
Date of decision: 2 December 2021 Applicant: 'EJ9' Agency: Northern Health Citation: 'EJ9' and Northern Health (Freedom of Information) [2021] VICmr 337 (2 December 2021) Headnote: FREEDOM OF INFORMATION – medical records – deceased [family member] – refusal to process request on grounds all documents, should any exist, would be exempt – disclosure of personal affairs information Sections in the FOI Act: 25A(1), 25A(5), 33(1) Download this file: EJ9 and Northern Health Freedom of Information 2021 VICmr 337 2 December 2021 1 - PDF (244 KB) -
‘DW6’ and Department of Education and Training (Freedom of Information) [2021] VICmr 329 (1 December 2021)
FREEDOM OF INFORMATION – parent seeking information about child’s education – parent complaints – Family Law matters – parent disputes handling of serious allegations – student welfare matters – Family Violence Protection Act 2008 (Vic) – section 61B(3)
Decision information
Date of decision: 1 December 2021 Applicant: 'DW6' Agency: Citation: 'DW6' and Department of Education and Training (Freedom of Information) [2021] VICmr 329 (1 December 2021) Headnote: FREEDOM OF INFORMATION – parent seeking information about child’s education – parent complaints – Family Law matters – parent disputes handling of serious allegations – student welfare matters – Family Violence Protection Act 2008 (Vic) – section 61B(3) Sections in the FOI Act: 33(1), 35(1)(b), 38 Download this file: DW6 and Department of Education and Training Freedom of Information 2021 VICmr 329 1 December 2021 - PDF (543 KB)