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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‘CV3′ and City of Boroondara (Freedom of Information) [2021] VICmr 85 (31 March 2021)
FREEDOM OF INFORMATION – council documents – emails – invoices – valuations – monetary amounts – disclosure of personal affairs information of third parties unreasonable – secrecy provision – Local Government Act 2020 (Vic)
Decision information
Date of decision: 31 March 2022 Applicant: 'CV3' Agency: Boroondara City Council Citation: ‘CV3' and City of Boroondara (Freedom of Information) [2021] VICmr 85 (31 March 2021) Headnote: FREEDOM OF INFORMATION – council documents – emails – invoices – valuations – monetary amounts – disclosure of personal affairs information of third parties unreasonable – secrecy provision – Local Government Act 2020 (Vic) Sections in the FOI Act: 34(1)(b), 38 Download this file: ‘CV3 and City of Boroondara Freedom of Information 2021 VICmr 85 31 March 2021 - PDF (342 KB) -
‘EJ2’ and Department of Justice and Community Safety (Freedom of Information) [2022] VICmr 111 (30 March 2022)
FREEDOM OF INFORMATION – prison records – Corrections Victoria – offender behaviour change program – law enforcement documents – internal working documents – clinical records
Decision information
Date of decision: 30 March 2022 Applicant: 'EJ2' Agency: Department of Justice and Community Safety (DJCS) Citation: 'EJ2' and Department of Justice and Community Safety (Freedom of Information) [2022] VICmr 111 (30 March 2022) Headnote: FREEDOM OF INFORMATION – prison records – Corrections Victoria – offender behaviour change program – law enforcement documents – internal working documents – clinical records Sections in the FOI Act: 30, 31(1)(a) Download this file: EJ2 and Department of Justice and Community Safety Freedom of Information 2022 VICmr 111 30 March 2022 - PDF (404 KB) -
‘DY7’ and Department of Families, Fairness and Housing (Freedom of Information) [2022] VICmr 16 (25 March 2022)
FREEDOM OF INFORMATION – State ward – wardship file – adoption file – personal affairs information – secrecy provision – Adoption Act 1984 (Vic) – ‘relating to an adoption’
Decision information
Date of decision: 25 March 2022 Applicant: 'DY7' Agency: Department of Families, Fairness and Housing (DFFH) Citation: ‘DY7’ and Department of Families, Fairness and Housing (Freedom of Information) [2022] VICmr 16 (25 March 2022) Headnote: FREEDOM OF INFORMATION – State ward – wardship file – adoption file – personal affairs information – secrecy provision – Adoption Act 1984 (Vic) – ‘relating to an adoption’ Sections in the FOI Act: 25, 38 Download this file: ‘DY7 and Department of Families Fairness and Housing Freedom of Information 2022 VICmr 16 25 March 2022 - PDF (403 KB) -
‘EJ1’ and Department of Families, Fairness and Housing (Freedom of Information) [2022] VICmr 110 (25 March 2022)
FREEDOM OF INFORMATION – Child Protection records – personal affairs information – release contrary to the public interest – disclosure unreasonable – documents required for court proceedings
Decision information
Date of decision: 25 March 2022 Applicant: 'EJ1' Agency: Department of Families, Fairness and Housing (DFFH) Citation: 'EJ1' and Department of Families, Fairness and Housing (Freedom of Information) [2022] VICmr 110 (25 March 2022) Headnote: FREEDOM OF INFORMATION – Child Protection records – personal affairs information – release contrary to the public interest – disclosure unreasonable – documents required for court proceedings Sections in the FOI Act: 33(1), 25 Download this file: EJ1 and Department of Families Fairness and Housing Freedom of Information 2022 VICmr 110 25 March 2022 - PDF (238 KB) -
‘EI9’ and Victoria Police (Freedom of Information) [2022] VICmr 109 (24 March 2022)
FREEDOM OF INFORMATION – law enforcement document – police records – recorded interview – ongoing police investigation – evidence gathered during police investigation – personal affairs information of third parties
Decision information
Date of decision: 24 March 2022 Applicant: 'EI9' Agency: Victoria Police Citation: 'EI9' and Victoria Police (Freedom of Information) [2022] VICmr 109 (24 March 2022) Headnote: FREEDOM OF INFORMATION – law enforcement document – police records – recorded interview – ongoing police investigation – evidence gathered during police investigation – personal affairs information of third parties Sections in the FOI Act: 31(1)(a), 33(1) Download this file: EI9 and Victoria Police Freedom of Information 2022 VICmr 109 24 March 2022 - PDF (283 KB) -
‘EA3’ and Moonee Valley City Council (Freedom of Information) [2022] VICmr 30 (23 March 2022)
FREEDOM OF INFORMATION – council documents – local government – complaint – councillor – parking permit – disclosure contrary to public interest – legal advice – legal professional privilege
Decision information
Date of decision: 23 March 2022 Applicant: 'EA3' Agency: Moonee Valley City Council Citation: 'EA3' and Moonee Valley City Council (Freedom of Information) [2022] VICmr 30 (23 March 2022) Headnote: FREEDOM OF INFORMATION – council documents – local government – complaint – councillor – parking permit – disclosure contrary to public interest – legal advice – legal professional privilege Sections in the FOI Act: 30, 32, 25 Download this file: EA3 and Moonee Valley City Council Freedom of Information 2022 VICmr 30 23 March 2022 - PDF (744 KB) -
‘DY4’ and Barwon Health (Freedom of Information) [2022] VICmr 13 (21 March 2022)
FREEDOM OF INFORMATION – amendment request – medical record – information not incorrect or misleading – third party amendment – next of kin – addition of document
Decision information
Date of decision: 21 March 2022 Applicant: 'DY4' Agency: Barwon Health Citation: ‘DY4’ and Barwon Health (Freedom of Information) [2022] VICmr 13 (21 March 2022) Headnote: FREEDOM OF INFORMATION – amendment request – medical record – information not incorrect or misleading – third party amendment – next of kin – addition of document Sections in the FOI Act: 39 Download this file: ‘DY4 and Barwon Health Freedom of Information 2022 VICmr 13 21 March 2022 - PDF (226 KB) -
‘ED8’ and Victoria Police (Freedom of Information) [2022] VICmr 61 (21 March 2022)
FREEDOM OF INFORMATION – police records – historical sexual offence – police investigation – offender information – Law Enforcement Assistance Program (LEAP) report – diversion program
Decision information
Date of decision: 21 March 2022 Applicant: 'ED8' Agency: Victoria Police Citation: 'ED8' and Victoria Police (Freedom of Information) [2022] VICmr 61 (21 March 2022) Headnote: FREEDOM OF INFORMATION – police records – historical sexual offence – police investigation – offender information – Law Enforcement Assistance Program (LEAP) report – diversion program Sections in the FOI Act: 33(1) Download this file: ED8 and Victoria Police Freedom of Information 2022 VICmr 61 21 March 2022 - PDF (247 KB) -
‘EF3’ and Department of Families, Fairness and Housing (Freedom of Information) [2022] VICmr 76 (21 March 2022)
FREEDOM OF INFORMATION – Child Protection records – information provided in confidence – confidential source of information – personal affairs information of third parties
Decision information
Date of decision: 21 March 2022 Applicant: 'EF3' Agency: Department of Families, Fairness and Housing (DFFH) Citation: 'EF3' and Department of Families, Fairness and Housing (Freedom of Information) [2022] VICmr 76 (21 March 2022) Headnote: FREEDOM OF INFORMATION – Child Protection records – information provided in confidence – confidential source of information – personal affairs information of third parties Sections in the FOI Act: 33(1), 35(1)(b) Download this file: EF3 and Department of Families Fairness and Housing Freedom of Information 2022 VICmr 76 21 March 2022 - PDF (1 MB) -
‘DY2’ and Department of Health (Freedom of Information) [2022] VICmr 11 (18 March 2022)
FREEDOM OF INFORMATION – return of international students to Victoria – briefings – email threads – documents containing matter communicated by any other State – documents prepared by the Australian Health Protection Principal Committee – Cabinet documents – irrelevant information
Decision information
Date of decision: 18 March 2022 Applicant: 'DY2' Agency: Department of Health Citation: 'DY2' and Department of Health (Freedom of Information) [2022] VICmr 11 (18 March 2022) Headnote: FREEDOM OF INFORMATION – return of international students to Victoria – briefings – email threads – documents containing matter communicated by any other State – documents prepared by the Australian Health Protection Principal Committee – Cabinet documents – irrelevant information Sections in the FOI Act: 28(1)(b), 28(1)(c), 29(a), 29(b), 25 Download this file: DY2 and Department of Health Freedom of Information 2022 VICmr 11 18 March 2022 - PDF (721 KB) -
‘EI6’ and Department of Environment, Land, Water and Planning (Freedom of Information) [2022] VICmr 106 (18 March 2022)
FREEDOM OF INFORMATION – ministerial briefing – Minister for Planning – Public Accounts and Estimates Committee (PAEC) hearing – urban planning – land development – Arden precinct
Decision information
Date of decision: 18 March 2022 Applicant: 'EI6' Agency: Citation: 'EI6' and Department of Environment, Land, Water and Planning (Freedom of Information) [2022] VICmr 106 (18 March 2022) Headnote: FREEDOM OF INFORMATION – ministerial briefing – Minister for Planning – Public Accounts and Estimates Committee (PAEC) hearing – urban planning – land development – Arden precinct Sections in the FOI Act: 30 Download this file: EI6 and Department of Environment Land Water and Planning Freedom of Information 2022 VICmr 106 18 March 2022 - PDF (239 KB) -
‘EI7’ and Department of Education and Training (Freedom of Information) [2022] VICmr 107 (18 March 2022)
FREEDOM OF INFORMATION – school records – parent seeking access to information – incident report – passage of time – disclosure of substantive information in document by agency – agency officer names –unreasonable disclosure of personal affairs information of third parties – disclosure contrary to the public interest
Decision information
Date of decision: 18 March 2022 Applicant: 'EI7' Agency: Citation: 'EI7' and Department of Education and Training (Freedom of Information) [2022] VICmr 107 (18 March 2022) Headnote: FREEDOM OF INFORMATION – school records – parent seeking access to information – incident report – passage of time – disclosure of substantive information in document by agency – agency officer names –unreasonable disclosure of personal affairs information of third parties – disclosure contrary to the public interest Sections in the FOI Act: 33(1), 25 Download this file: EI7 and Department of Education and Training Freedom of Information 2022 VICmr 107 18 March 2022 - PDF (231 KB) -
‘EI5’ and Northern Health (Freedom of Information) [2022] VICmr 105 (18 March 2022)
FREEDOM OF INFORMATION – hospital records – mental health – applicant’s medical record – information provided in confidence – consent of third party – disclosure contrary to public interest
Decision information
Date of decision: 18 March 2022 Applicant: 'EI5' Agency: Northern Health Citation: 'EI5' and Northern Health (Freedom of Information) [2022] VICmr 105 (18 March 2022) Headnote: FREEDOM OF INFORMATION – hospital records – mental health – applicant’s medical record – information provided in confidence – consent of third party – disclosure contrary to public interest Sections in the FOI Act: 33(1), 35(1)(b), 25 Download this file: EI5 and Northern Health Freedom of Information 2022 VICmr 105 18 March 2022 - PDF (389 KB) -
‘DY5’ and Victoria Legal Aid (Freedom of Information) [2022] VICmr 14 (17 March 2022)
FREEDOM OF INFORMATION – application for legal assistance – family law – children – independent children’s lawyer – secrecy provision – Legal Aid Act 1973 (Vic)
Decision information
Date of decision: 17 March 2022 Applicant: 'DY5' Agency: Victoria Legal Aid Citation: 'DY5' and Victoria Legal Aid (Freedom of Information) [2022] VICmr 14 (17 March 2022) Headnote: FREEDOM OF INFORMATION – application for legal assistance – family law – children – independent children’s lawyer – secrecy provision – Legal Aid Act 1973 (Vic) Sections in the FOI Act: 38 Download this file: DY5 and Victoria Legal Aid Freedom of Information 2022 VICmr 14 17 March 2022 - PDF (235 KB) -
‘EI3’ and Department of Transport (Freedom of Information) [2022] VICmr 103 (10 March 2022)
FREEDOM OF INFORMATION – VicRoads document – regulatory action – [vehicle testing] – complaint – Road Safety Act 1986 (Vic) – investigation outcome– personal affairs information
Decision information
Date of decision: 10 March 2022 Applicant: 'EI3' Agency: Citation: 'EI3' and Department of Transport (Freedom of Information) [2022] VICmr 103 (10 March 2022) Headnote: FREEDOM OF INFORMATION – VicRoads document – regulatory action – [vehicle testing] – complaint – Road Safety Act 1986 (Vic) – investigation outcome– personal affairs information Sections in the FOI Act: 33(1), 31(1)(a), 34(1)(b), 25 Download this file: EI3 and Department of Transport Freedom of Information 2022 VICmr 103 10 March 2022 - PDF (261 KB) -
‘EK3’ and Department of Families, Fairness and Housing (Freedom of Information) [2022] VICmr 37 (10 March 2022)
FREEDOM OF INFORMATION – death in prison – inquiries into a death – coronial inquest – section 104ZZA of the Corrections Act 1986 (Vic) – consultation between agency officers
Decision information
Date of decision: 10 March 2022 Applicant: 'EK3' Agency: Department of Families, Fairness and Housing Citation: 'EK3' and Department of Families, Fairness and Housing (Freedom of Information) [2022] VICmr 37 (10 March 2022) Headnote: FREEDOM OF INFORMATION – death in prison – inquiries into a death – coronial inquest – section 104ZZA of the Corrections Act 1986 (Vic) – consultation between agency officers Sections in the FOI Act: 30, 31(1)(a), 33(1), 35(1)(b), 38 Download this file: EK3 and Department of Families Fairness and Housing Freedom of Information 2022 VICmr 37 10 March 2022 - PDF (2 MB) -
‘EI1’ and Moonee Valley City Council (Freedom of Information) [2022] VICmr 101 (9 March 2022)
FREEDOM OF INFORMATION – council documents – correspondence – noise complaint – secrecy provision – video footage – confidential information – personal affairs information – disclosure unreasonable – information acquired by an agency – reasonably likely to impair Agency ability to obtain similar information
Decision information
Date of decision: 9 March 2022 Applicant: 'EI1' Agency: Moonee Valley City Council Citation: ‘EI1’ and Moonee Valley City Council (Freedom of Information) [2022] VICmr 101 (9 March 2022) Headnote: FREEDOM OF INFORMATION – council documents – correspondence – noise complaint – secrecy provision – video footage – confidential information – personal affairs information – disclosure unreasonable – information acquired by an agency – reasonably likely to impair Agency ability to obtain similar information Sections in the FOI Act: 30, 33(1), 35(1)(b), 38 Download this file: ‘EI1 and Moonee Valley City Council Freedom of Information 2022 VICmr 101 9 March 2022 - PDF (521 KB) -
‘ED6’ and University of Melbourne (Freedom of Information) [2022] VICmr 59 (8 March 2022)
FREEDOM OF INFORMATION – workplace documents – [redacted] – request for investigation– internal working documents – personal affairs information – emails – human resources – confidential communications
Decision information
Date of decision: 8 March 2022 Applicant: 'ED6' Agency: University of Melbourne Citation: 'ED6' and University of Melbourne (Freedom of Information) [2022] VICmr 59 (8 March 2022) Headnote: FREEDOM OF INFORMATION – workplace documents – [redacted] – request for investigation– internal working documents – personal affairs information – emails – human resources – confidential communications Sections in the FOI Act: 30, 33(1) Download this file: ED6 and University of Melbourne Freedom of Information 2022 VICmr 59 8 March 2022 - PDF (1 MB) -
‘EH9’ and Victoria Police (Freedom of Information) [2022] VICmr 100 (8 March 2022)
FREEDOM OF INFORMATION – police records – law enforcement documents – information relating to Sex Offenders Registry – Sex Offenders Registration Act 2004 (Vic)
Decision information
Date of decision: 8 March 2022 Applicant: 'EH9' Agency: Victoria Police Citation: 'EH9' and Victoria Police (Freedom of Information) [2022] VICmr 100 (8 March 2022) Headnote: FREEDOM OF INFORMATION – police records – law enforcement documents – information relating to Sex Offenders Registry – Sex Offenders Registration Act 2004 (Vic) Sections in the FOI Act: 25A(5), 31(4) Download this file: EH9 and Victoria Police Freedom of Information 2022 VICmr 100 8 March 2022 - PDF (229 KB) -
‘EH7’ and Peninsula Health (Freedom of Information) [2022] VICmr 98 (4 March2022)
FREEDOM OF INFORMATION – hospital documents – health care review – root cause analysis – personal affairs information – internal working document
Decision information
Date of decision: 4 March 2022 Applicant: 'EH7' Agency: Peninsula Health Citation: ‘EH7’ and Peninsula Health (Freedom of Information) [2022] VICmr 98 (4 March2022) Headnote: FREEDOM OF INFORMATION – hospital documents – health care review – root cause analysis – personal affairs information – internal working document Sections in the FOI Act: 30, 33(1) Download this file: ‘EH7 and Peninsula Health Freedom of Information 2022 VICmr 98 4 March2022 - PDF (368 KB) -
‘EH8’ and Mornington Peninsula Shire (Freedom of Information) [2022] VICmr 99 (4 March 2022)
FREEDOM OF INFORMATION – council documents – resident complaint about Agency officer – complaint sent to multiple Agency officers – complaint handling by Agency – emails between Agency officers – personal affairs information – secrecy provision – Local Government Act 2020 (Vic)
Decision information
Date of decision: 4 March 2022 Applicant: 'EH8' Agency: Mornington Peninsula Shire Citation: 'EH8' and Mornington Peninsula Shire (Freedom of Information) [2022] VICmr 99 (4 March 2022) Headnote: FREEDOM OF INFORMATION – council documents – resident complaint about Agency officer – complaint sent to multiple Agency officers – complaint handling by Agency – emails between Agency officers – personal affairs information – secrecy provision – Local Government Act 2020 (Vic) Sections in the FOI Act: 30, 33(1), 35(1)(a), 38 Download this file: EH8 and Mornington Peninsula Shire Freedom of Information 2022 VICmr 99 4 March 2022 1 - PDF (782 KB) -
‘ED2’ and Department of Premier and Cabinet (Freedom of Information) [2022] VICmr 55 (3 March 2022)
FREEDOM OF INFORMATION – National Cabinet – operating principles – terms of reference – agenda – submission – minutes – National Cabinet Reform Committee – disclosure not contrary to the public interest
Decision information
Date of decision: 3 March 2022 Applicant: 'ED2' Agency: Department of Premier and Cabinet (DPC) Citation: ‘ED2’ and Department of Premier and Cabinet (Freedom of Information) [2022] VICmr 55 (3 March 2022) Headnote: FREEDOM OF INFORMATION – National Cabinet – operating principles – terms of reference – agenda – submission – minutes – National Cabinet Reform Committee – disclosure not contrary to the public interest Sections in the FOI Act: 29(a) Download this file: ‘ED2 and Department of Premier and Cabinet Freedom of Information 2022 VICmr 55 3 March 2022 - PDF (364 KB) -
Mitchell Shire Council and Victoria Police (Freedom of Information) [2022] VICmr 75 (3 March 2022)
FREEDOM OF INFORMATION – police records – Law Enforcement Assistance Program (LEAP) – incident report – police investigation – alleged offence – personal affairs information of third party – unreasonable disclosure of personal affairs information
Decision information
Date of decision: 3 March 2022 Applicant: Mitchell Shire Council Agency: Victoria Police Citation: Mitchell Shire Council and Victoria Police (Freedom of Information) [2022] VICmr 75 (3 March 2022) Headnote: FREEDOM OF INFORMATION – police records – Law Enforcement Assistance Program (LEAP) – incident report – police investigation – alleged offence – personal affairs information of third party – unreasonable disclosure of personal affairs information Sections in the FOI Act: 33(1) Download this file: Mitchell Shire Council and Victoria Police Freedom of Information 2022 VICmr 75 3 March 2022 1 - PDF (224 KB)