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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‘DY3’ and Department of Premier and Cabinet (Freedom of Information) [2022] VICmr 12 (25 February 2022)
FREEDOM OF INFORMATION – COVID-19 – Service Victoria application – QR codes – check-in requirements – legal advice – Cabinet documents
Decision information
Date of decision: 25 February 2022 Applicant: 'DY3' Agency: Department of Premier and Cabinet (DPC) Citation: 'DY3' and Department of Premier and Cabinet (Freedom of Information) [2022] VICmr 12 (25 February 2022) Headnote: FREEDOM OF INFORMATION – COVID-19 – Service Victoria application – QR codes – check-in requirements – legal advice – Cabinet documents Sections in the FOI Act: 28(1)(b), 28(1)(ba), 28(1)(d), 32 Download this file: DY3 and Department of Premier and Cabinet Freedom of Information 2022 VICmr 12 25 February 2022 - PDF (962 KB) -
‘EA8’ and Victorian Building Authority (Freedom of Information) [2022] VICmr 35 (17 February 2022)
FREEDOM OF INFORMATION – cladding audit – inspection report – draft risk assessment tool – internal working document – public interest considerations – contrary to the public interest
Decision information
Date of decision: 17 February 2022 Applicant: 'EA8' Agency: Victorian Building Authority Citation: 'EA8' and Victorian Building Authority (Freedom of Information) [2022] VICmr 35 (17 February 2022) Headnote: FREEDOM OF INFORMATION – cladding audit – inspection report – draft risk assessment tool – internal working document – public interest considerations – contrary to the public interest Sections in the FOI Act: 30 Download this file: EA8 and Victorian Building Authority Freedom of Information 2022 VICmr 35 17 February 2022 - PDF (232 KB) -
‘EH6’ and Labour Hire Authority (Freedom of Information) [2022] VICmr 97 (17 February 2022)
FREEDOM OF INFORMATION – workplace relations documents – workplace investigation – independent investigator – personal affairs information – legal professional privilege
Decision information
Date of decision: 17 February 2022 Applicant: 'EH6' Agency: Labour Hire Authority Citation: ‘EH6’ and Labour Hire Authority (Freedom of Information) [2022] VICmr 97 (17 February 2022) Headnote: FREEDOM OF INFORMATION – workplace relations documents – workplace investigation – independent investigator – personal affairs information – legal professional privilege Sections in the FOI Act: 32, 33(1), 34(1)(b), 36(1)(b), 25 Download this file: ‘EH6 and Labour Hire Authority Freedom of Information 2022 VICmr 97 17 February 2022 - PDF (1 MB) -
‘EF1’ and Eastern Health (Freedom of Information) [2022] VICmr 73 (15 February 2022)
FREEDOM OF INFORMATION – medical records – health records – deceased family member – deceased parent – next of kin – personal affairs information – unreasonable disclosure – information obtained in confidence – disclosure contrary to the public interest
Decision information
Date of decision: 15 February 2022 Applicant: 'EF1' Agency: Eastern Health Citation: 'EF1' and Eastern Health (Freedom of Information) [2022] VICmr 73 (15 February 2022) Headnote: FREEDOM OF INFORMATION – medical records – health records – deceased family member – deceased parent – next of kin – personal affairs information – unreasonable disclosure – information obtained in confidence – disclosure contrary to the public interest Sections in the FOI Act: 33(1), 35(1)(b) Download this file: EF1 and Eastern Health Freedom of Information 2022 VICmr 73 15 February 2022 - PDF (246 KB) -
‘EH5’ and Transport Accident Commission (Freedom of Information) [2022] VICmr 96 (11 February 2022)
FREEDOM OF INFORMATION – investigation report – legal professional privilege – litigation privilege – documents affecting legal proceedings – documents prepared by an external party
Decision information
Date of decision: 11 February 2022 Applicant: 'EH5' Agency: Transport Accident Commission Citation: ‘EH5’ and Transport Accident Commission (Freedom of Information) [2022] VICmr 96 (11 February 2022) Headnote: FREEDOM OF INFORMATION – investigation report – legal professional privilege – litigation privilege – documents affecting legal proceedings – documents prepared by an external party Sections in the FOI Act: 32 Download this file: ‘EH5 and Transport Accident Commission Freedom of Information 2022 VICmr 96 11 February 2022 - PDF (368 KB) -
‘EH4’ and Bendigo Health Care Group (Freedom of Information) [2022] VICmr 95 (9 February 2022)
FREEDOM OF INFORMATION – medical records – health records – patient – progress notes – discharge summary – personal affairs information – disclosure unreasonable – information communicated in confidence
Decision information
Date of decision: 9 February 2022 Applicant: 'EH4' Agency: Bendigo Health Care Group Citation: 'EH4' and Bendigo Health Care Group (Freedom of Information) [2022] VICmr 95 (9 February 2022) Headnote: FREEDOM OF INFORMATION – medical records – health records – patient – progress notes – discharge summary – personal affairs information – disclosure unreasonable – information communicated in confidence Sections in the FOI Act: 33(1), 35(1)(b) Download this file: EH4 and Bendigo Health Care Group Freedom of Information 2022 VICmr 95 9 February 2022 - PDF (235 KB) -
‘EH3′ and Victorian WorkCover Authority (Freedom of Information) [2022] VICmr 94 (7 February 2022)
FREEDOM OF INFORMATION – regulatory documents – employee injury – investigation file – investigation report – substantial and unreasonable diversion of agency resources from its other operations – third party consultation
Decision information
Date of decision: 7 February 2022 Applicant: 'EH3' Agency: Victorian WorkCover Authority (t/a WorkSafe) Citation: ‘EH3' and Victorian WorkCover Authority (Freedom of Information) [2022] VICmr 94 (7 February 2022) Headnote: FREEDOM OF INFORMATION – regulatory documents – employee injury – investigation file – investigation report – substantial and unreasonable diversion of agency resources from its other operations – third party consultation Sections in the FOI Act: 25A(1) Download this file: ‘EH3 and Victorian WorkCover Authority Freedom of Information 2022 VICmr 94 7 February 2022 - PDF (255 KB) -
‘EH2’ and Victoria Police (Freedom of Information) [2022] VICmr 93 (4 February 2022)
FREEDOM OF INFORMATION – law enforcement documents – police documents – third party personal affairs information – deceased person – disclosure unreasonable – disclosure contrary to public interest
Decision information
Date of decision: 4 February 2022 Applicant: 'EH2' Agency: Victoria Police Citation: ‘EH2’ and Victoria Police (Freedom of Information) [2022] VICmr 93 (4 February 2022) Headnote: FREEDOM OF INFORMATION – law enforcement documents – police documents – third party personal affairs information – deceased person – disclosure unreasonable – disclosure contrary to public interest Sections in the FOI Act: 33(1) Download this file: ‘EH2 and Victoria Police Freedom of Information 2022 VICmr 93 4 February 2022 - PDF (425 KB) -
‘EF2’ and Department of Transport (Freedom of Information) [2022] VICmr 74 (4 February 2022)
FREEDOM OF INFORMATION – VicRoads – Drive Test – Licence Testing Officer’s Manual – Test Route Development Manual – prejudice the proper administration of the law – Road Safety Act 1986 (Vic)
Decision information
Date of decision: 4 February 2022 Applicant: 'EF2' Agency: Citation: 'EF2' and Department of Transport (Freedom of Information) [2022] VICmr 74 (4 February 2022) Headnote: FREEDOM OF INFORMATION – VicRoads – Drive Test – Licence Testing Officer’s Manual – Test Route Development Manual – prejudice the proper administration of the law – Road Safety Act 1986 (Vic) Sections in the FOI Act: 31(1)(a) Download this file: EF2 and Department of Transport Freedom of Information 2022 VICmr 74 4 February 2022 - PDF (567 KB) -
‘EH1’ and Fire Rescue Victoria (Freedom of Information) [2022] VICmr 92 (3 February 2022)
FREEDOM OF INFORMATION – workplace documents – enterprise agreement – wage calculations – salary amounts – specific payment – personal affairs information of a third party – possible reidentification of a third party – disclosure unreasonable
Decision information
Date of decision: 3 February 2022 Applicant: 'EH1' Agency: Fire Rescue Victoria Citation: 'EH1' and Fire Rescue Victoria (Freedom of Information) [2022] VICmr 92 (3 February 2022) Headnote: FREEDOM OF INFORMATION – workplace documents – enterprise agreement – wage calculations – salary amounts – specific payment – personal affairs information of a third party – possible reidentification of a third party – disclosure unreasonable Sections in the FOI Act: 33(1), 25 Download this file: EH1 and Fire Rescue Victoria Freedom of Information 2022 VICmr 92 3 February 2022 - PDF (348 KB) -
‘DX7’ and Victoria Police (Freedom of Information) [2022] VICmr 7 (2 February 2022)
FREEDOM OF INFORMATION – police records – law enforcements documents – Law Enforcement Assistance Program (LEAP)
Decision information
Date of decision: 2 February 2022 Applicant: 'DX7' Agency: Victoria Police Citation: ‘DX7’ and Victoria Police (Freedom of Information) [2022] VICmr 7 (2 February 2022) Headnote: FREEDOM OF INFORMATION – police records – law enforcements documents – Law Enforcement Assistance Program (LEAP) Sections in the FOI Act: 31(1)(d), 25 Download this file: ‘DX7 and Victoria Police Freedom of Information 2022 VICmr 7 2 February 2022 - PDF (216 KB) -
‘EA6’ and University of Melbourne (Freedom of Information) [2022] VICmr 33 (2 February 2022)
FREEDOM OF INFORMATION – workplace documents – salary amounts – personal affairs information of a third party – possible reidentification of a third party – disclosure unreasonable
Decision information
Date of decision: 2 February 2022 Applicant: 'EA6' Agency: University of Melbourne Citation: 'EA6' and University of Melbourne (Freedom of Information) [2022] VICmr 33 (2 February 2022) Headnote: FREEDOM OF INFORMATION – workplace documents – salary amounts – personal affairs information of a third party – possible reidentification of a third party – disclosure unreasonable Sections in the FOI Act: 33(1) Download this file: EA6 and University of Melbourne Freedom of Information 2022 VICmr 33 2 February 2022 - PDF (231 KB)