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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‘DW8′ and Department of Families, Fairness and Housing (Freedom of Information) [2022] VICmr 3 (31 January 2022)
FREEDOM OF INFORMATION – public housing property – property maintenance history – public housing tenant – 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: 31 January 2022 Applicant: 'DW8' Agency: Department of Families, Fairness and Housing (DFFH) Citation: ‘DW8' and Department of Families, Fairness and Housing (Freedom of Information) [2022] VICmr 3 (31 January 2022) Headnote: FREEDOM OF INFORMATION – public housing property – property maintenance history – public housing tenant – 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: ‘DW8 and Department of Families Fairness and Housing Freedom of Information 2022 VICmr 3 31 January 2022 - PDF (236 KB) -
‘DX9’ and Safer Care Victoria (Freedom of Information) [2022] VICmr 9 (31 January 2022)
FREEDOM OF INFORMATION – public health services – COVID-19 pandemic – Clinical Leadership Expert Group – meeting attendees – meeting minutes – personal affairs information of non-executive agency officers – disclosure not unreasonable
Decision information
Date of decision: 31 January 2022 Applicant: 'DX9' Agency: Safer Care Victoria Citation: ‘DX9’ and Safer Care Victoria (Freedom of Information) [2022] VICmr 9 (31 January 2022) Headnote: FREEDOM OF INFORMATION – public health services – COVID-19 pandemic – Clinical Leadership Expert Group – meeting attendees – meeting minutes – personal affairs information of non-executive agency officers – disclosure not unreasonable Sections in the FOI Act: 33(1) Download this file: ‘DX9 and Safer Care Victoria Freedom of Information 2022 VICmr 9 31 January 2022 - PDF (366 KB) -
‘ED7’ and Department of Justice and Community Safety (Freedom of Information) [2022] VICmr 60 (21 January 2022)
FREEDOM OF INFORMATION – legislation – legislative change – consultation with courts
Decision information
Date of decision: 21 January 2022 Applicant: 'ED7' Agency: Department of Justice and Community Safety (DJCS) Citation: 'ED7' and Department of Justice and Community Safety (Freedom of Information) [2022] VICmr 60 (21 January 2022) Headnote: FREEDOM OF INFORMATION – legislation – legislative change – consultation with courts Sections in the FOI Act: 30 Download this file: ED7 and Department of Justice and Community Safety Freedom of Information 2022 VICmr 60 21 January 2022 - PDF (938 KB) -
‘EG9’ and Victoria Police (Freedom of Information) [2022] VICmr 91 (21 January 2022)
Decision information
Date of decision: 21 January 2022 Applicant: 'EG9' Agency: Victoria Police Citation: 'EG9' and Victoria Police (Freedom of Information) [2022] VICmr 91 (21 January 2022) Headnote: FREEDOM OF INFORMATION – police records – police incident report – family violence – personal affairs information – LEAP extract Sections in the FOI Act: 33(1) Download this file: EG9 and Victoria Police Freedom of Information 2022 VICmr 91 21 January 2022 - PDF (320 KB) -
‘DX6’ and Department of Justice and Community Safety (Freedom of Information) [2022] VICmr 6 (20 January 2022)
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 decision to refuse access to…
Decision information
Date of decision: 20 January 2022 Applicant: 'DX6' Agency: Department of Justice and Community Safety (DJCS) Citation: 'DX6' and Department of Justice and Community Safety (Freedom of Information) [2022] VICmr 6 (20 January 2022) Headnote: FREEDOM OF INFORMATION – Ministerial briefing – Cabinet documents – letters to the Legislative Assembly – speaking notes – Approval in Principle (AIP) – Bill Sections in the FOI Act: 28(1)(b), 28(1)(ba), 28(1)(c), 28(1)(d) Download this file: DX6 and Department of Justice and Community Safety Freedom of Information 2022 VICmr 6 20 January 2022 - PDF (1 MB) -
‘DY8’ and Department of Education and Training (Freedom of Information) [2022] VICmr 17 (18 January 2022)
FREEDOM OF INFORMATION – school incident – CCTV footage – personal affairs information – personal affairs of students, teachers and police officers – editing of CCTV footage – section 61B(3)
Decision information
Date of decision: 18 January 2022 Applicant: 'DY8' Agency: Citation: ‘DY8’ and Department of Education and Training (Freedom of Information) [2022] VICmr 17 (18 January 2022) Headnote: FREEDOM OF INFORMATION – school incident – CCTV footage – personal affairs information – personal affairs of students, teachers and police officers – editing of CCTV footage – section 61B(3) Sections in the FOI Act: 33(1), 25 Download this file: ‘DY8 and Department of Education and Training Freedom of Information 2022 VICmr 17 18 January 2022 - PDF (468 KB) -
‘DX5’ and Peninsula Health (Freedom of Information) [2022] VICmr 5 (17 January 2022)
FREEDOM OF INFORMATION – health records – medical records – applicant’s records – progress notes – discharge summary – deliberative process – disclosure contrary to the public interest – personal affairs information – unreasonable disclosure of information – information communicated in confidence
Decision information
Date of decision: 17 January 2022 Applicant: 'DX5' Agency: Peninsula Health Citation: 'DX5’ and Peninsula Health (Freedom of Information) [2022] VICmr 5 (17 January 2022) Headnote: FREEDOM OF INFORMATION – health records – medical records – applicant’s records – progress notes – discharge summary – deliberative process – disclosure contrary to the public interest – personal affairs information – unreasonable disclosure of information – information communicated in confidence Sections in the FOI Act: 30, 33(1), 35(1)(b) Download this file: DX5 and Peninsula Health Freedom of Information 2022 VICmr 5 17 January 2022 - PDF (580 KB) -
‘EG8’ and Major Transport Infrastructure Authority (Freedom of Information)[2022] VICmr 90 (17 January 2022)
Decision information
Date of decision: 17 January 2022 Applicant: 'EG8' Agency: Major Transport Infrastructure Authority Citation: ‘EG8’ and Major Transport Infrastructure Authority (Freedom of Information)[2022] VICmr 90 (17 January 2022) Headnote: FREEDOM OF INFORMATION – internal working documents – level crossing removals – feasibility assessments – cabinet submission – personal affairs information Sections in the FOI Act: 28(1)(c), 30, 33(1) Download this file: ‘EG8 and Major Transport Infrastructure Authority Freedom of Information 2022 VICmr 90 17 January 2022 - PDF (521 KB) -
‘DW3’ and Racing Victoria Limited (Freedom of Information) [2022] VICmr 1 (13 January 2022)
FREEDOM OF INFORMATION – regulatory documents – thoroughbred horse racing – inspection documents – telephone call – audience recording – Surveillance Devices Act 1999 (Vic) – secrecy provision – personal affairs information
Decision information
Date of decision: 13 January 2022 Applicant: 'DW3' Agency: Racing Victoria Limited Citation: 'DW3' and Racing Victoria Limited (Freedom of Information) [2022] VICmr 1 (13 January 2022) Headnote: FREEDOM OF INFORMATION – regulatory documents – thoroughbred horse racing – inspection documents – telephone call – audience recording – Surveillance Devices Act 1999 (Vic) – secrecy provision – personal affairs information Sections in the FOI Act: 33(1), 38 Download this file: DW3 and Racing Victoria Limited Freedom of Information 2022 VICmr 1 13 January 2022 - PDF (569 KB) -
‘EA9’ and Hepburn Shire Council (Freedom of Information) [2022] VICmr 36 (12 January 2022)
FREEDOM OF INFORMATION – council documents – planning permit application – substantial and unreasonable diversion of agency resources from other operations – refusal to process an FOI request
Decision information
Date of decision: 12 January 2022 Applicant: 'EA9' Agency: Hepburn Shire Council Citation: 'EA9' and Hepburn Shire Council (Freedom of Information) [2022] VICmr 36 (12 January 2022) Headnote: FREEDOM OF INFORMATION – council documents – planning permit application – substantial and unreasonable diversion of agency resources from other operations – refusal to process an FOI request Sections in the FOI Act: 25A(1) Download this file: EA9 and Hepburn Shire Council Freedom of Information 2022 VICmr 36 12 January 2022 - PDF (262 KB) -
’EG7′ and Victoria Police (Freedom of Information) [2022] VICmr 89 (7 January 2022)
FREEDOM OF INFORMATION – access subject to a fee – documents not subject to FOI Act – Victoria Police Manual – policing response to personal safety intervention orders
Decision information
Date of decision: 7 January 2022 Applicant: 'EG7' Agency: Victoria Police Citation: ’EG7' and Victoria Police (Freedom of Information) [2022] VICmr 89 (7 January 2022) Headnote: FREEDOM OF INFORMATION – access subject to a fee – documents not subject to FOI Act – Victoria Police Manual – policing response to personal safety intervention orders Sections in the FOI Act: 14(1)(b) Download this file: EG7 and Victoria Police Freedom of Information 2022 VICmr 89 7 January 2022 - PDF (182 KB)