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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‘ED9’ and Department of Justice and Community Safety (Freedom of Information) [2022] VICmr 62 (29 April 2022)
FREEDOM OF INFORMATION – Review of the Decriminalisation of Sex Work – report to government – government response – legislative change – ministerial briefing – report to minister – issues to be considered by the Cabinet
Decision information
Date of decision: 29 April 2022 Applicant: 'ED9' Agency: Department of Justice and Community Safety (DJCS) Citation: 'ED9' and Department of Justice and Community Safety (Freedom of Information) [2022] VICmr 62 (29 April 2022) Headnote: FREEDOM OF INFORMATION – Review of the Decriminalisation of Sex Work – report to government – government response – legislative change – ministerial briefing – report to minister – issues to be considered by the Cabinet Sections in the FOI Act: 28(1)(ba) Download this file: ED9 and Department of Justice and Community Safety Freedom of Information 2022 VICmr 62 29 April 2022 - PDF (231 KB) -
‘EB6’ and Essential Services Commission (Freedom of Information) [2022] VICmr 41 (29 April 2022)
FREEDOM OF INFORMATION – stakeholder meetings – email correspondence between agency and third parties – legal advice – correspondence concerning legal proceedings – Essential Services Appeal Panel hearing
Decision information
Date of decision: 29 April 2022 Applicant: 'EB6' Agency: Essential Services Commission Citation: 'EB6' and Essential Services Commission (Freedom of Information) [2022] VICmr 41 (29 April 2022) Headnote: FREEDOM OF INFORMATION – stakeholder meetings – email correspondence between agency and third parties – legal advice – correspondence concerning legal proceedings – Essential Services Appeal Panel hearing Sections in the FOI Act: 32, 33(1) Download this file: EB6 and Essential Services Commission Freedom of Information 2022 VICmr 41 29 April 2022 - PDF (2 MB) -
‘EK2’ and Department of Health (Freedom of Information) [2022] VICmr 120 (29 April 2022)
FREEDOM OF INFORMATION – matters of a business, commercial or financial nature – would not expose undertaking unreasonably to disadvantage – public hospitals – business case
Decision information
Date of decision: 29 April 2022 Applicant: 'EK2' Agency: Department of Health Citation: 'EK2' and Department of Health (Freedom of Information) [2022] VICmr 120 (29 April 2022) Headnote: FREEDOM OF INFORMATION – matters of a business, commercial or financial nature – would not expose undertaking unreasonably to disadvantage – public hospitals – business case Sections in the FOI Act: 34(1)(b) Download this file: EK2 and Department of Health Freedom of Information 2022 VICmr 120 29 April 2022 - PDF (270 KB) -
‘CX9’ and Department of Transport (Freedom of Information) [2021] VICmr 109 (22 April 2021)
FREEDOM OF INFORMATION – Cabinet documents – Cabinet submission – business case – attachments – [Location] Rail Project – created for purpose of submission for consideration by Cabinet
Decision information
Date of decision: 22 April 2022 Applicant: 'CX9' Agency: Citation: ‘CX9’ and Department of Transport (Freedom of Information) [2021] VICmr 109 (22 April 2021) Headnote: FREEDOM OF INFORMATION – Cabinet documents – Cabinet submission – business case – attachments – [Location] Rail Project – created for purpose of submission for consideration by Cabinet Sections in the FOI Act: 28(1)(b) Download this file: ‘CX9 and Department of Transport Freedom of Information 2021 VICmr 109 22 April 2021 - PDF (491 KB) -
‘EK1’ and City of Stonnington (Freedom of Information) [2022] VICmr 119 (22 April 2022)
FREEDOM OF INFORMATION – council documents – planning and permits – internal emails – personal affairs information – personal affairs information of agency officers – complaint handling – secrecy provision – Local Government Act 2020 (Vic)
Decision information
Date of decision: 22 April 2022 Applicant: 'EK1' Agency: City of Stonnington Citation: 'EK1' and City of Stonnington (Freedom of Information) [2022] VICmr 119 (22 April 2022) Headnote: FREEDOM OF INFORMATION – council documents – planning and permits – internal emails – personal affairs information – personal affairs information of agency officers – complaint handling – secrecy provision – Local Government Act 2020 (Vic) Sections in the FOI Act: 30, 33(1), 38 Download this file: EK1 and City of Stonnington Freedom of Information 2022 VICmr 119 22 April 2022 - PDF (2 MB) -
‘EA2’ and Victoria Police (Freedom of Information) [2022] VICmr 29 (21 April 2022)
FREEDOM OF INFORMATION – Law Enforcement Assistance Program (LEAP) – law enforcement history – personal affairs information – deceased family member – next of kin – nature of release under the FOI Act
Decision information
Date of decision: 21 April 2022 Applicant: 'EA2' Agency: Victoria Police Citation: 'EA2' and Victoria Police (Freedom of Information) [2022] VICmr 29 (21 April 2022) Headnote: FREEDOM OF INFORMATION – Law Enforcement Assistance Program (LEAP) – law enforcement history – personal affairs information – deceased family member – next of kin – nature of release under the FOI Act Sections in the FOI Act: 33(1), 31(1)(d), 25 Download this file: EA2 and Victoria Police Freedom of Information 2022 VICmr 29 21 April 2022 - PDF (235 KB) -
‘DY6’ and Department of Families, Fairness and Housing (Freedom of Information) [2022] VICmr 15 (21 April 2022)
FREEDOM OF INFORMATION – child protection documents – refusal to process an FOI request – prejudice proper administration of the law – secrecy provision – confidentiality provisions – Children, Youth and Families Act 2005 (Vic)
Decision information
Date of decision: 21 April 2022 Applicant: 'DY6' Agency: Department of Families, Fairness and Housing (DFFH) Citation: 'DY6' and Department of Families, Fairness and Housing (Freedom of Information) [2022] VICmr 15 (21 April 2022) Headnote: FREEDOM OF INFORMATION – child protection documents – refusal to process an FOI request – prejudice proper administration of the law – secrecy provision – confidentiality provisions – Children, Youth and Families Act 2005 (Vic) Sections in the FOI Act: 25A(5), 31(1)(a), 31(1)(c), 33(1), 35(1)(b), 38 Download this file: DY6 and Department of Families Fairness and Housing Freedom of Information 2022 VICmr 15 21 April 2022 - PDF (267 KB) -
‘EA1’ and Peninsula Health (Freedom of Information) [2022] VICmr 28 (21 April 2022)
FREEDOM OF INFORMATION – medical records – mental health records – personal affairs information – documents affecting personal privacy of third parties – information communicated in confidence – disclosure unreasonable
Decision information
Date of decision: 21 April 2022 Applicant: 'EA1' Agency: Peninsula Health Citation: 'EA1' and Peninsula Health (Freedom of Information) [2022] VICmr 28 (21 April 2022) Headnote: FREEDOM OF INFORMATION – medical records – mental health records – personal affairs information – documents affecting personal privacy of third parties – information communicated in confidence – disclosure unreasonable Sections in the FOI Act: 33(1), 35(1)(b) Download this file: EA1 and Peninsula Health Freedom of Information 2022 VICmr 28 21 April 2022 - PDF (244 KB) -
‘EJ8’ and Victoria Police (Freedom of Information) [2022] VICmr 117 (20 April 2022)
FREEDOM OF INFORMATION – police records – Law Enforcement Assistance Program (LEAP) – LEAP history – LEAP incident report – incident response – personal affairs information – disclosure unreasonable – law enforcement documents – prejudice proper administration of the law
Decision information
Date of decision: 20 April 2022 Applicant: 'EJ8' Agency: Victoria Police Citation: 'EJ8' and Victoria Police (Freedom of Information) [2022] VICmr 117 (20 April 2022) Headnote: FREEDOM OF INFORMATION – police records – Law Enforcement Assistance Program (LEAP) – LEAP history – LEAP incident report –incident response – personal affairs information – disclosure unreasonable – law enforcement documents – prejudice proper administration of the law Sections in the FOI Act: 31(1)(d), 33(1), 25 Download this file: EJ8 and Victoria Police Freedom of Information 2022 VICmr 117 20 April 2022 - PDF (293 KB) -
‘EJ7’ and Hume City Council (Freedom of Information) [2022] VICmr 116 (20 April 2022)
FREEDOM OF INFORMATION – voice recording – audio recording – recorded telephone call – personal affairs information – resources to provide an edited copy of a document
Decision information
Date of decision: 20 April 2022 Applicant: ‘EJ7’ Agency: Hume City Council Citation: 'EJ7' and Hume City Council (Freedom of Information) [2022] VICmr 116 (20 April 2022) Headnote: FREEDOM OF INFORMATION – voice recording – audio recording – recorded telephone call – personal affairs information – resources to provide an edited copy of a document Sections in the FOI Act: 33(1), 25 Download this file: EJ7 and Hume City Council Freedom of Information 2022 VICmr 116 20 April 2022 - PDF (355 KB) -
‘EJ6’ and Victorian Building Authority (Freedom of Information) [2022] VICmr 115 (19 April 2022)
FREEDOM OF INFORMATION – regulatory documents – building regulator – Victorian Statewide Cladding Audit – audit report – risk assessment – internal working document – public interest considerations – disclosure contrary to the public interest
Decision information
Date of decision: 19 April 2022 Applicant: 'EJ6' Agency: Victorian Building Authority Citation: 'EJ6' and Victorian Building Authority (Freedom of Information) [2022] VICmr 115 (19 April 2022) Headnote: FREEDOM OF INFORMATION – regulatory documents – building regulator – Victorian Statewide Cladding Audit – audit report – risk assessment – internal working document – public interest considerations – disclosure contrary to the public interest Sections in the FOI Act: 30, 31(1)(d), 33(1) Download this file: EJ6 and Victorian Building Authority Freedom of Information 2022 VICmr 115 19 April 2022 - PDF (496 KB) -
‘EJ5’ and Department of Families, Fairness and Housing (Freedom of Information) [2022] VICmr 114 (14 April 2022)
FREEDOM OF INFORMATION – Child Protection documents – refusal to process an FOI request – prejudice proper administration of the law – prohibited disclosure of confidential information – secrecy provision
Decision information
Date of decision: 14 April 2022 Applicant: 'EJ5' Agency: Department of Families, Fairness and Housing (DFFH) Citation: 'EJ5' and Department of Families, Fairness and Housing (Freedom of Information) [2022] VICmr 114 (14 April 2022) Headnote: FREEDOM OF INFORMATION – Child Protection documents – refusal to process an FOI request – prejudice proper administration of the law – prohibited disclosure of confidential information – secrecy provision Sections in the FOI Act: 25A(5), 31(1)(a), 31(1)(c), 33(1), 35(1)(b), 38 Download this file: EJ5 and Department of Families Fairness and Housing Freedom of Information 2022 VICmr 114 14 April 2022 - PDF (337 KB) -
‘EJ4’ and Major Transport Infrastructure Authority (Freedom of Information) [2022] VICmr 113 (8 April 2022)
FREEDOM OF INFORMATION – major transport infrastructure project – rail project – level crossing removal –project reviews and assessments project – draft versions – disclosure not contrary to public interest
Decision information
Date of decision: 8 April 2022 Applicant: 'EI4' Agency: Major Transport Infrastructure Authority Citation: 'EJ4' and Major Transport Infrastructure Authority (Freedom of Information) [2022] VICmr 113 (8 April 2022) Headnote: FREEDOM OF INFORMATION – major transport infrastructure project – rail project – level crossing removal –project reviews and assessments project – draft versions – disclosure not contrary to public interest Sections in the FOI Act: 25, 30 Download this file: EJ4 and Major Transport Infrastructure Authority Freedom of Information 2022 VICmr 113 8 April 2022 - PDF (1 MB) -
‘EJ3’ and Victoria Police (Freedom of Information) [2022] VICmr 112 (1 April 2022)
FREEDOM OF INFORMATION – police records – refusal to process an FOI request – body-worn camera footage – secrecy provision – Surveillance Devices Act 1999 (Vic)
Decision information
Date of decision: 1 April 2022 Applicant: 'EJ3' Agency: Victoria Police Citation: 'EJ3' and Victoria Police (Freedom of Information) [2022] VICmr 112 (1 April 2022) Headnote: FREEDOM OF INFORMATION – police records – refusal to process an FOI request – body-worn camera footage – secrecy provision – Surveillance Devices Act 1999 (Vic) Sections in the FOI Act: 25A(5), 38 Download this file: EJ3 and Victoria Police Freedom of Information 2022 VICmr 112 1 April 2022 - PDF (222 KB)