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.
-
‘EC6’ and Department of Justice and Community Safety (Freedom of Information) [2022] VICmr 50 (30 June 2022)
FREEDOM OF INFORMATION – Corrections Victoria – prison records – neither confirm nor deny the existence of documents – prison intelligence – law enforcement documents
Decision information
Date of decision: 30 June 2022 Applicant: 'EC6' Agency: Department of Justice and Community Safety (DJCS) Citation: 'EC6' and Department of Justice and Community Safety (Freedom of Information) [2022] VICmr 50 (30 June 2022) Headnote: FREEDOM OF INFORMATION – Corrections Victoria – prison records – neither confirm nor deny the existence of documents – prison intelligence – law enforcement documents Sections in the FOI Act: 27(2)(b), 31(1)(a), 31(1)(d) Download this file: EC6 and Department of Justice and Community Safety Freedom of Information 2022 VICmr 50 30 June 2022 - PDF (218 KB) -
‘EC5’ and Department of Justice and Community Safety (Freedom of Information) [2022] VICmr 49 (30 June 2022)
FREEDOM OF INFORMATION – Corrections Victoria – prison record – audio recording of telephone call made from prison – law enforcement document – document to which secrecy provisions apply – section 104ZZA of the Corrections Act 1986 (Vic)
Decision information
Date of decision: 30 June 2022 Applicant: Safety Agency: Department of Justice and Community Safety (DJCS) Citation: 'EC5' and Department of Justice and Community Safety (Freedom of Information) [2022] VICmr 49 (30 June 2022) Headnote: FREEDOM OF INFORMATION – Corrections Victoria – prison record – audio recording of telephone call made from prison – law enforcement document – document to which secrecy provisions apply – section 104ZZA of the Corrections Act 1986 (Vic) Sections in the FOI Act: 38 Download this file: EC5 and Department of Justice and Community Safety Freedom of Information 2022 VICmr 49 30 June 2022 - PDF (212 KB) -
‘EF9’ and Department of Transport (Freedom of Information) [2022] VICmr 82 (30 June 2022)
FREEDOM OF INFORMATION – VicRoads – licensing and registration records – driver licence – motor vehicle registration – personal affairs information of third parties – agency officer names – administrative nature of documents – agency exercise of statutory functions – disclosure of personal affairs information not unreasonable
Decision information
Date of decision: 30 June 2022 Applicant: 'EF9' Agency: Citation: 'EF9' and Department of Transport (Freedom of Information) [2022] VICmr 82 (30 June 2022) Headnote: FREEDOM OF INFORMATION – VicRoads – licensing and registration records – driver licence – motor vehicle registration – personal affairs information of third parties – agency officer names – administrative nature of documents – agency exercise of statutory functions – disclosure of personal affairs information not unreasonable Sections in the FOI Act: 33(1) Download this file: EF9 and Department of Transport Freedom of Information 2022 VICmr 82 30 June 2022 - PDF (389 KB) -
‘ER3’ and Victoria Police (Freedom of Information) [2022] VICmr 184 (30 June 2022)
FREEDOM OF INFORMATION – police history report – police records – law enforcement documents – Law Enforcement Assistance Program (LEAP)
Decision information
Date of decision: 30 June 2022 Applicant: 'ER3' Agency: Victoria Police Citation: 'ER3’ and Victoria Police (Freedom of Information) [2022] VICmr 184 (30 June 2022) Headnote: FREEDOM OF INFORMATION – police history report – police records – law enforcement documents – Law Enforcement Assistance Program (LEAP) Sections in the FOI Act: 31(1)(d), 25 Download this file: ER3 and Victoria Police Freedom of Information 2022 VICmr 184 30 June 2022 - PDF (214 KB) -
‘ER4’ and Department of Treasury and Finance (Freedom of Information) [2022] VICmr 185 (30 June 2022)
FREEDOM OF INFORMATION – cabinet documents – briefings to the Minister – matters of a business, commercial or financial nature
Decision information
Date of decision: 30 June 2022 Applicant: 'ER4' Agency: Department of Treasury and Finance (DTF) Citation: 'ER4' and Department of Treasury and Finance (Freedom of Information) [2022] VICmr 185 (30 June 2022) Headnote: FREEDOM OF INFORMATION – cabinet documents – briefings to the Minister – matters of a business, commercial or financial nature Sections in the FOI Act: 28(1)(ba), 28(1)(d), 34(1)(b), 34(4)(a)(ii) Download this file: ER4 and Department of Treasury and Finance Freedom of Information 2022 VICmr 185 30 June 2022 - PDF (578 KB) -
‘ER2’ and Department of Education and Training (Freedom of Information) [2022] VICmr 183 (29 June 2022)
FREEDOM OF INFORMATION – school records – internal working documents – disclosure contrary to the public interest – personal affairs information – disclosure unreasonable – COVID-19
Decision information
Date of decision: 29 June 2022 Applicant: 'ER2' Agency: Citation: 'ER2' and Department of Education and Training (Freedom of Information) [2022] VICmr 183 (29 June 2022) Headnote: FREEDOM OF INFORMATION – school records – internal working documents – disclosure contrary to the public interest – personal affairs information – disclosure unreasonable – COVID-19 Sections in the FOI Act: 30, 33(1), 25 Download this file: ER2 and Department of Education and Training Freedom of Information 2022 VICmr 183 29 June 2022 1 - PDF (668 KB) -
‘EC7’ and Ambulance Victoria (Freedom of Information) [2022] VICmr 51 (29 June 2022)
FREEDOM OF INFORMATION – workplace relations – investigation report – external consultant – workplace review – health and wellbeing – rosters – personal affairs information – information provided in confidence – disclosure would not be contrary to the public interest
Decision information
Date of decision: 29 June 2022 Applicant: 'EC7' Agency: Ambulance Victoria Citation: 'EC7' and Ambulance Victoria (Freedom of Information) [2022] VICmr 51 (29 June 2022) Headnote: FREEDOM OF INFORMATION – workplace relations – investigation report – external consultant – workplace review – health and wellbeing – rosters – personal affairs information – information provided in confidence – disclosure would not be contrary to the public interest Sections in the FOI Act: 33(1), 35(1)(b) Download this file: EC7 and Ambulance Victoria Freedom of Information 2022 VICmr 51 29 June 2022 1 - PDF (480 KB) -
‘EF8’ and Moorabool Shire Council (Freedom of Information) [2022] VICmr 81 (29 June 2022)
FREEDOM OF INFORMATION – council documents – information regarding neighbouring property – secrecy provision – ‘personal information’ – disclosure unreasonable – Local Government Act 2020 (Vic) – review of agency fresh decision
Decision information
Date of decision: 29 June 2022 Applicant: 'EF8' Agency: Moorabool Shire Council Citation: 'EF8' and Moorabool Shire Council (Freedom of Information) [2022] VICmr 81 (29 June 2022) Headnote: FREEDOM OF INFORMATION – council documents – information regarding neighbouring property – secrecy provision – ‘personal information’ – disclosure unreasonable – Local Government Act 2020 (Vic) – review of agency fresh decision Sections in the FOI Act: 38 Download this file: EF8 and Moorabool Shire Council Freedom of Information 2022 VICmr 81 29 June 2022 - PDF (310 KB) -
‘EQ9’ and Department of Environment, Land, Water and Planning (Freedom of Information) [2022] VICmr 181 (29 June 2022)
FREEDOM OF INFORMATION – internal working documents – planning scheme amendment – development proposals – Minister’s authorisation – Ministerial briefings
Decision information
Date of decision: 29 June 2022 Applicant: 'EQ9' Agency: Citation: ‘EQ9’ and Department of Environment, Land, Water and Planning (Freedom of Information) [2022] VICmr 181 (29 June 2022) Headnote: FREEDOM OF INFORMATION – internal working documents – planning scheme amendment – development proposals – Minister’s authorisation – Ministerial briefings Sections in the FOI Act: 30 Download this file: ‘EQ9 and Department of Environment Land Water and Planning Freedom of Information 2022 VICmr 181 29 June 2022 - PDF (459 KB) -
‘ER1’ and Department of Health (Freedom of Information) [2022] VICmr 182 (29 June 2022)
FREEDOM OF INFORMATION – Therapeutic Goods (Declared Goods) Order – internal working documents – legal professional privilege – privilege not waived – information provided in confidence – disclosure not contrary to public interest – disclosure contrary to public interest – Food Safety code – Therapeutic Goods Administration
Decision information
Date of decision: 29 June 2022 Applicant: 'ER1' Agency: Department of Health Citation: 'ER1' and Department of Health (Freedom of Information) [2022] VICmr 182 (29 June 2022) Headnote: FREEDOM OF INFORMATION – Therapeutic Goods (Declared Goods) Order – internal working documents – legal professional privilege – privilege not waived – information provided in confidence – disclosure not contrary to public interest – disclosure contrary to public interest – Food Safety code – Therapeutic Goods Administration Sections in the FOI Act: 30, 32, 35(1)(b) Download this file: ER1 and Department of Health Freedom of Information 2022 VICmr 182 29 June 2022 - PDF (2 MB) -
‘DH9’ and Victoria Police (Freedom of Information) [2021] VICmr 199 (28 June 2021)
FREEDOM OF INFORMATION – law enforcement documents – investigation documents – intervention orders – family violence – unreasonable to disclose personal affairs information – Family Law Act 1975 (Cth)
Decision information
Date of decision: 28 June 2022 Applicant: 'DH9' Agency: Victoria Police Citation: 'DH9' and Victoria Police (Freedom of Information) [2021] VICmr 199 (28 June 2021) Headnote: FREEDOM OF INFORMATION – law enforcement documents – investigation documents – intervention orders – family violence – unreasonable to disclose personal affairs information – Family Law Act 1975 (Cth) Sections in the FOI Act: 33(1) Download this file: DH9 and Victoria Police Freedom of Information 2021 VICmr 199 28 June 2021 - PDF (248 KB) -
‘EC2’ and Victorian Building Authority (Freedom of Information) [2022] VICmr 46 (28 June 2022)
FREEDOM OF INFORMATION – regulatory documents – regulatory action – Building Act 1993 (Vic) – complaint – building practitioner – letter of caution
Decision information
Date of decision: 28 June 2022 Applicant: 'EC2' Agency: Victorian Building Authority Citation: 'EC2' and Victorian Building Authority (Freedom of Information) [2022] VICmr 46 (28 June 2022) Headnote: FREEDOM OF INFORMATION – regulatory documents – regulatory action – Building Act 1993 (Vic) – complaint – building practitioner – letter of caution Sections in the FOI Act: 33(1) Download this file: EC2 and Victorian Building Authority Freedom of Information 2022 VICmr 46 28 June 2022 - PDF (249 KB) -
‘EQ8’ and Grampians Health (Freedom of Information) [2022] VICmr 180 (28 June 2022)
FREEDOM OF INFORMATION – CCTV footage – personal affairs information – disclosure unreasonable
Decision information
Date of decision: 28 June 2022 Applicant: 'EQ8' Agency: Grampians Health Citation: 'EQ8' and Grampians Health (Freedom of Information) [2022] VICmr 180 (28 June 2022) Headnote: FREEDOM OF INFORMATION – CCTV footage – personal affairs information – disclosure unreasonable Sections in the FOI Act: 33(1) Download this file: EQ8 and Grampians Health Freedom of Information 2022 VICmr 180 28 June 2022 - PDF (235 KB) -
‘EC4’ and Monash Health (Freedom of Information) [2022] VICmr 48 (27 June 2022)
FREEDOM OF INFORMATION – amendment request – medical opinion and observations – discharge summary – health records – [amendment granted]
Decision information
Date of decision: 27 June 2022 Applicant: 'EC4' Agency: Monash Health Citation: 'EC4' and Monash Health (Freedom of Information) [2022] VICmr 48 (27 June 2022) Headnote: FREEDOM OF INFORMATION – amendment request – medical opinion and observations – discharge summary – health records – [amendment granted] Sections in the FOI Act: 39 Download this file: EC4 and Monash Health Freedom of Information 2022 VICmr 48 27 June 2022 - PDF (216 KB) -
‘EF6’ and Victoria Police (Freedom of Information) [2022] VICmr 79 (27 June 2022)
FREEDOM OF INFORMATION – police records – traffic incident report – amendment request – incorrect information
Decision information
Date of decision: 27 June 2022 Applicant: 'EF6' Agency: Victoria Police Citation: 'EF6' and Victoria Police (Freedom of Information) [2022] VICmr 79 (27 June 2022) Headnote: FREEDOM OF INFORMATION – police records – traffic incident report – amendment request – incorrect information Sections in the FOI Act: 39 Download this file: EF6 and Victoria Police Freedom of Information 2022 VICmr 79 27 June 2022 - PDF (221 KB) -
‘EQ5’ and Murrindindi Shire Council (Freedom of Information) [2022] VICmr 177 (27 June 2022)
FREEDOM OF INFORMATION – Council documents – invoices – procurement of services – consultancy – account details – purchase order – secrecy provision – transparency – Local Government Act 2020 (Vic)
Decision information
Date of decision: 27 June 2022 Applicant: 'EQ5' Agency: Murrindindi Shire Council Citation: 'EQ5' and Murrindindi Shire Council (Freedom of Information) [2022] VICmr 177 (27 June 2022) Headnote: FREEDOM OF INFORMATION – Council documents – invoices – procurement of services – consultancy – account details – purchase order – secrecy provision – transparency – Local Government Act 2020 (Vic) Sections in the FOI Act: 33(1), 34(1)(b), 38 Download this file: EQ5 and Murrindindi Shire Council Freedom of Information 2022 VICmr 177 27 June 2022 - PDF (713 KB) -
‘EQ4’ and Victorian WorkCover Authority (Freedom of Information) [2022] VICmr 176 (27 June 2022)
FREEDOM OF INFORMATION – litigation – subpoena – refusal to process request on grounds all documents, should any exist, would be exempt – legal professional privilege – satisfied all documents exempt
Decision information
Date of decision: 27 June 2022 Applicant: 'EQ4' Agency: Victorian WorkCover Authority (t/a WorkSafe) Citation: 'EQ4' and Victorian WorkCover Authority (Freedom of Information) [2022] VICmr 176 (27 June 2022) Headnote: FREEDOM OF INFORMATION – litigation – subpoena – refusal to process request on grounds all documents, should any exist, would be exempt – legal professional privilege – satisfied all documents exempt Sections in the FOI Act: 25A(5), 32 Download this file: EQ4 and Victorian WorkCover Authority Freedom of Information 2022 VICmr 176 27 June 2022 1 - PDF (224 KB) -
‘EQ2’ and Major Transport Infrastructure Authority (Freedom of Information) [2022] VICmr 174 (27 June 2022)
FREEDOM OF INFORMATION – spreadsheets – level crossing removals – safety and traffic data – internal working documents – information communicated in confidence
Decision information
Date of decision: 27 June 2022 Applicant: 'EQ2' Agency: Major Transport Infrastructure Authority Citation: 'EQ2' and Major Transport Infrastructure Authority (Freedom of Information) [2022] VICmr 174 (27 June 2022) Headnote: FREEDOM OF INFORMATION – spreadsheets – level crossing removals – safety and traffic data – internal working documents – information communicated in confidence Sections in the FOI Act: 30, 35(1)(b) Download this file: EQ2 and Major Transport Infrastructure Authority Freedom of Information 2022 VICmr 174 27 June 2022 - PDF (349 KB) -
‘EQ3’ and Hepburn Shire Council (Freedom of Information) [2022] VICmr 175 (27 June 2022)
FREEDOM OF INFORMATION – council documents – audit and risk committee – meeting minutes – [named location in regional Victoria] Project – development of bicycle trail – refusal to process request on the grounds all documents, should any exist, would be exempt – notice to process a sample of documents – not satisfied all documents would be exempt – disclosure of personal affairs information
Decision information
Date of decision: 27 June 2022 Applicant: 'EQ3' Agency: Hepburn Shire Council Citation: 'EQ3' and Hepburn Shire Council (Freedom of Information) [2022] VICmr 175 (27 June 2022) Headnote: FREEDOM OF INFORMATION – council documents – audit and risk committee – meeting minutes – [named location in regional Victoria] Project – development of bicycle trail – refusal to process request on the grounds all documents, should any exist, would be exempt – notice to process a sample of documents – not satisfied all documents would be exempt – disclosure of personal affairs information Sections in the FOI Act: 25A(5), 30, 34(1)(b), 34(4)(a)(ii), 38, 49KA(2)(a) Download this file: EQ3 and Hepburn Shire Council Freedom of Information 2022 VICmr 175 27 June 2022 - PDF (347 KB) -
‘DH5’ and Victorian WorkCover Authority (Freedom of Information) [2021] VICmr 195 (24 June 2021)
FREEDOM OF INFORMATION – complaint handling – public complaints – Agency officer names
Decision information
Date of decision: 24 June 2022 Applicant: 'DH5' Agency: Victorian WorkCover Authority (t/a WorkSafe) Citation: 'DH5' and Victorian WorkCover Authority (Freedom of Information) [2021] VICmr 195 (24 June 2021) Headnote: FREEDOM OF INFORMATION – complaint handling – public complaints – Agency officer names Sections in the FOI Act: 30, 33(1) Download this file: DH5 and Victorian WorkCover Authority Freedom of Information 2021 VICmr 195 24 June 2021 - PDF (971 KB) -
‘EP9’ and Department of Transport (Freedom of Information) [2022] VICmr 172 (24 June 2022)
FREEDOM OF INFORMATION – VicRoads – car registration – notification from third-party – information from which an individual’s identity can be reasonably ascertained – medical report – secrecy provision – Road Safety Act 1986 (Vic)
Decision information
Date of decision: 24 June 2022 Applicant: 'EP9' Agency: Citation: 'EP9' and Department of Transport (Freedom of Information) [2022] VICmr 172 (24 June 2022) Headnote: FREEDOM OF INFORMATION – VicRoads – car registration – notification from third-party – information from which an individual's identity can be reasonably ascertained – medical report – secrecy provision – Road Safety Act 1986 (Vic) Sections in the FOI Act: 35(1)(b), 38 Download this file: EP9 and Department of Transport Freedom of Information 2022 VICmr 172 24 June 2022 - PDF (237 KB) -
‘EP6’ and Victoria Police (Freedom of Information) [2022] VICmr 169 (24 June 2022)
FREEDOM OF INFORMATION – police documents – bank statement – personal affairs information – disclosure unreasonable – information obtained in confidence – allegations of criminal offending
Decision information
Date of decision: 24 June 2022 Applicant: 'EP6' Agency: Victoria Police Citation: 'EP6' and Victoria Police (Freedom of Information) [2022] VICmr 169 (24 June 2022) Headnote: FREEDOM OF INFORMATION – police documents – bank statement – personal affairs information – disclosure unreasonable – information obtained in confidence – allegations of criminal offending Sections in the FOI Act: 33(1), 35(1)(b) Download this file: EP6 and Victoria Police Freedom of Information 2022 VICmr 169 24 June 2022 - PDF (240 KB) -
‘EQ1’ and Victoria Police (Freedom of Information) [2022] VICmr 173 (24 June 2022)
FREEDOM OF INFORMATION – law enforcement documents – police documents – witness statements – record of interview – statements – Law Enforcement Assistance Program (LEAP) – preliminary brief – brief head – charge sheet and summons – victim impact statement – Workcover claim
Decision information
Date of decision: 24 June 2022 Applicant: 'EQ1' Agency: Victoria Police Citation: ‘EQ1’ and Victoria Police (Freedom of Information) [2022] VICmr 173 (24 June 2022) Headnote: FREEDOM OF INFORMATION – law enforcement documents – police documents – witness statements – record of interview – statements – Law Enforcement Assistance Program (LEAP) – preliminary brief – brief head – charge sheet and summons – victim impact statement – Workcover claim Sections in the FOI Act: 33(1), 35(1)(b), 38 Download this file: ‘EQ1 and Victoria Police Freedom of Information 2022 VICmr 173 24 June 2022 - PDF (496 KB) -
‘EP8’ and Department of Justice and Community Safety (Freedom of Information) [2022] VICmr 171 (22 June 2022)
FREEDOM OF INFORMATION – prison records – prisoner telephone records – secrecy provision – personal or confidential information – Corrections Act 1986 (Vic)
Decision information
Date of decision: 22 June 2022 Applicant: 'EP8' Agency: Department of Justice and Community Safety (DJCS) Citation: 'EP8' and Department of Justice and Community Safety (Freedom of Information) [2022] VICmr 171 (22 June 2022) Headnote: FREEDOM OF INFORMATION – prison records – prisoner telephone records – secrecy provision – personal or confidential information – Corrections Act 1986 (Vic) Sections in the FOI Act: 38 Download this file: EP8 and Department of Justice and Community Safety Freedom of Information 2022 VICmr 171 22 June 2022 - PDF (220 KB) -
‘EB7’ and Bendigo Health Care Group (Freedom of Information) [2022] VICmr 42 (17 June 2022)
FREEDOM OF INFORMATION – medical file – substantial and unreasonable diversion of agency resources from other operations – mental health records – consultation requirements under section 25A(6) – [Professional Standard 9] – [varied decision]
Decision information
Date of decision: 17 June 2022 Applicant: 'EB7' Agency: Bendigo Health Care Group Citation: 'EB7' and Bendigo Health Care Group (Freedom of Information) [2022] VICmr 42 (17 June 2022) Headnote: FREEDOM OF INFORMATION – medical file – substantial and unreasonable diversion of agency resources from other operations – mental health records – consultation requirements under section 25A(6) – [Professional Standard 9] – [varied decision] Sections in the FOI Act: 25A(1) Download this file: EB7 and Bendigo Health Care Group Freedom of Information 2022 VICmr 42 17 June 2022 - PDF (265 KB) -
‘EP5’ and Victoria University (Freedom of Information) [2022] VICmr 168 (17 June 2022)
FREEDOM OF INFORMATION – workplace enquiry – employment matters – complaint – statements – email correspondence – information communicated in confidence – internal working documents – release in the public interest – personal affairs information
Decision information
Date of decision: 17 June 2022 Applicant: 'EP5' Agency: Victoria University Citation: 'EP5' and Victoria University (Freedom of Information) [2022] VICmr 168 (17 June 2022) Headnote: FREEDOM OF INFORMATION – workplace enquiry – employment matters – complaint – statements – email correspondence – information communicated in confidence – internal working documents – release in the public interest – personal affairs information Sections in the FOI Act: 30, 33(1), 35(1)(b), 25 Download this file: EP5 and Victoria University Freedom of Information 2022 VICmr 168 17 June 2022 - PDF (1 MB) -
‘DF3’ and Victoria Police (Freedom of Information) [2021] VICmr 175 (16 June 2021)
FREEDOM OF INFORMATION – child sexual assault – report to police – historic assault – next of kin – all documents, should any exist, would be exempt – personal affairs information
Decision information
Date of decision: 16 June 2022 Applicant: ‘DF3’ Agency: Victoria Police Citation: ‘DF3’ and Victoria Police (Freedom of Information) [2021] VICmr 175 (16 June 2021) Headnote: FREEDOM OF INFORMATION – child sexual assault – report to police – historic assault – next of kin – all documents, should any exist, would be exempt – personal affairs information Sections in the FOI Act: 25A(5) Download this file: ‘DF3 and Victoria Police Freedom of Information 2021 VICmr 175 16 June 2021 - PDF (238 KB) -
‘EP4’ and City of Greater Geelong (Freedom of Information) [2022] VICmr 167 (16 June 2022)
FREEDOM OF INFORMATION – council documents – memorandum –– personal affairs information – confidential information – alleged conflict of interest – Local Government Act 2020 (Vic)
Decision information
Date of decision: 16 June 2022 Applicant: 'EP4' Agency: Greater Geelong City Council Citation: 'EP4' and City of Greater Geelong (Freedom of Information) [2022] VICmr 167 (16 June 2022) Headnote: FREEDOM OF INFORMATION – council documents – memorandum –– personal affairs information – confidential information – alleged conflict of interest – Local Government Act 2020 (Vic) Sections in the FOI Act: 38 Download this file: EP4 and City of Greater Geelong Freedom of Information 2022 VICmr 167 16 June 2022 - PDF (316 KB) -
‘EP2′ and The Royal Children’s Hospital (Freedom of Information) [2022] VICmr 165 (16 June 2022)
Decision information
Date of decision: 16 June 2022 Applicant: 'EP2' Agency: Royal Children’s Hospital Citation: ‘EP2' and The Royal Children's Hospital (Freedom of Information) [2022] VICmr 165 (16 June 2022) Headnote: FREEDOM OF INFORMATION – medical records – parent seeking access to child’s medical records – personal affairs information of third parties – information communicated in confidence – disclosure contrary to the public interest – legal professional privilege – internal working documents Sections in the FOI Act: 30, 32, 33(1), 35(1)(b) Download this file: ‘EP2 and The Royal Childrens Hospital Freedom of Information 2022 VICmr 165 16 June 2022 - PDF (4 MB) -
‘EE4’ and Department of Health (Freedom of Information) [2022] VICmr 67 (30 May 2022)
FREEDOM OF INFORMATION – council documents – chief executive officer – calendar entries – fuel statements locations – location of third party – disclosure unreasonable
Decision information
Date of decision: 15 June 2022 Applicant: 'EE4' Agency: Glen Eira City Council Citation: 'EE4' and Department of Health (Freedom of Information) [2022] VICmr 67 (30 May 2022) Headnote: FREEDOM OF INFORMATION – council documents – chief executive officer – calendar entries – fuel statements locations – location of third party – disclosure unreasonable Sections in the FOI Act: 33(1), 38 Download this file: EE4 and Department of Health Freedom of Information 2022 VICmr 67 30 May 2022 - PDF (655 KB) -
‘EO8’ and Department of Families, Fairness and Housing (Freedom of Information) [2022] VICmr 162 (15 June 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: 15 June 2022 Applicant: 'EO8' Agency: Department of Families, Fairness and Housing (DFFH) Citation: 'EO8' and Department of Families, Fairness and Housing (Freedom of Information) [2022] VICmr 162 (15 June 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: 31(1)(c), 33(1), 38 Download this file: EO8 and Department of Families Fairness and Housing Freedom of Information 2022 VICmr 162 15 June 2022 - PDF (2 MB) -
‘EP1’ and Department of Families, Fairness and Housing (Freedom of Information) [2022] VICmr 164 (15 June 2022)
FREEDOM OF INFORMATION – Child Protection records – parent request for information relating to child – Client Report Information System (CRIS) – case note
Decision information
Date of decision: 15 June 2022 Applicant: 'EP1' Agency: Department of Families, Fairness and Housing (DFFH) Citation: 'EP1' and Department of Families, Fairness and Housing (Freedom of Information) [2022] VICmr 164 (15 June 2022) Headnote: FREEDOM OF INFORMATION – Child Protection records – parent request for information relating to child – Client Report Information System (CRIS) – case note Sections in the FOI Act: 31(1)(a), 33(1) Download this file: EP1 and Department of Families Fairness and Housing Freedom of Information 2022 VICmr 164 15 June 2022 - PDF (257 KB) -
‘EE8’ and City of Greater Geelong (Freedom of Information) [2022] VICmr 71 (15 June 2022)
FREEDOM OF INFORMATION – council documents – memorandum – [internal report] – personal affairs information – confidential information – alleged conflict of interest – Local Government Act 2020 (Vic)
Decision information
Date of decision: 15 June 2022 Applicant: 'EE8' Agency: Greater Geelong City Council Citation: 'EE8' and City of Greater Geelong (Freedom of Information) [2022] VICmr 71 (15 June 2022) Headnote: FREEDOM OF INFORMATION – council documents – memorandum – [internal report] – personal affairs information – confidential information – alleged conflict of interest – Local Government Act 2020 (Vic) Sections in the FOI Act: 38 Download this file: EE8 and City of Greater Geelong Freedom of Information 2022 VICmr 71 15 June 2022 - PDF (314 KB) -
‘EC1’ and Victorian WorkCover Authority (Freedom of Information) [2022] VICmr 45 (14 June 2022)
FREEDOM OF INFORMATION – investigation documents – workplace incident – prosecution documents – ongoing investigations – completed investigations – refusal to process a request on grounds any documents, should any exist, would be exempt – not satisfied all documents would be exempt
Decision information
Date of decision: 14 June 2022 Applicant: 'EC1' Agency: Victorian WorkCover Authority (t/a WorkSafe) Citation: 'EC1' and Victorian WorkCover Authority (Freedom of Information) [2022] VICmr 45 (14 June 2022) Headnote: FREEDOM OF INFORMATION – investigation documents – workplace incident – prosecution documents – ongoing investigations – completed investigations – refusal to process a request on grounds any documents, should any exist, would be exempt – not satisfied all documents would be exempt Sections in the FOI Act: 25A(5), 31(1)(a), 32 Download this file: EC1 and Victorian WorkCover Authority Freedom of Information 2022 VICmr 45 14 June 2022 - PDF (261 KB) -
‘EE7’ and City of Greater Geelong (Freedom of Information) [2022] VICmr 70 (14 June 2022)
FREEDOM OF INFORMATION – council documents – memorandum – internal [investigation] report – personal affairs information – confidential information – alleged [misconduct]– Local Government Act 2020 (Vic)
Decision information
Date of decision: 14 June 2022 Applicant: 'EE7' Agency: Greater Geelong City Council Citation: 'EE7' and City of Greater Geelong (Freedom of Information) [2022] VICmr 70 (14 June 2022) Headnote: FREEDOM OF INFORMATION – council documents – memorandum – internal [investigation] report – personal affairs information – confidential information – alleged [misconduct]– Local Government Act 2020 (Vic) Sections in the FOI Act: 38 Download this file: EE7 and City of Greater Geelong Freedom of Information 2022 VICmr 70 14 June 2022 - PDF (313 KB) -
Virtue Homes Pty Ltd and Latrobe City Council (Freedom of Information) [2022] VICmr 88 (14 June 2022)
FREEDOM OF INFORMATION – council documents – building plans and drawings – internal floor plan – external building plans – personal affairs information – unreasonable to disclose – secrecy provision –
Local Government Act 2020 (Vic)Decision information
Date of decision: 14 June 2022 Applicant: Virtue Homes Pty Ltd Agency: Latrobe City Council Citation: Virtue Homes Pty Ltd and Latrobe City Council (Freedom of Information) [2022] VICmr 88 (14 June 2022) Headnote: FREEDOM OF INFORMATION – council documents – building plans and drawings – internal floor plan – external building plans – personal affairs information – unreasonable to disclose – secrecy provision – Local Government Act 2020 (Vic) Sections in the FOI Act: 33(1), 38 Download this file: Virtue Homes Pty Ltd and Latrobe City Council Freedom of Information 2022 VICmr 88 14 June 2022 - PDF (242 KB) -
‘EO4’ and Emergency Services Telecommunications Authority (Freedom of Information) [2022] VICmr 158 (10 June 2022)
FREEDOM OF INFORMATION – emergency services document – Triple Zero call – 000 call – secrecy provision – confidential information – Emergency Services Telecommunications Authority Act 2004 (Vic) – ESTA Act
Decision information
Date of decision: 10 June 2022 Applicant: 'EO4' Agency: Emergency Services Telecommunications Authority Citation: 'EO4' and Emergency Services Telecommunications Authority (Freedom of Information) [2022] VICmr 158 (10 June 2022) Headnote: FREEDOM OF INFORMATION – emergency services document – Triple Zero call – 000 call – secrecy provision – confidential information – Emergency Services Telecommunications Authority Act 2004 (Vic) – ESTA Act Sections in the FOI Act: 38 Download this file: EO4 and Emergency Services Telecommunications Authority Freedom of Information 2022 VICmr 158 10 June 2022 - PDF (228 KB) -
‘EO7’ and Department of Justice and Community Safety (Freedom of Information) [2022] VICmr 161 (14 June 2022)
FREEDOM OF INFORMATION – court documents – prisoner records – pre-sentence report– documents not subject to FOI Act – access subject to fee – document available for purchase
Decision information
Date of decision: 10 June 2022 Applicant: 'EO7' Agency: Department of Justice and Community Safety (DJCS) Citation: 'EO7' and Department of Justice and Community Safety (Freedom of Information) [2022] VICmr 161 (14 June 2022) Headnote: FREEDOM OF INFORMATION – court documents – prisoner records – pre-sentence report– documents not subject to FOI Act – access subject to fee – document available for purchase Sections in the FOI Act: 29B Download this file: EO7 and Department of Justice and Community Safety Freedom of Information 2022 VICmr 161 14 June 2022 - PDF (226 KB) -
‘EO3’ and Department of Justice and Community Safety (Freedom of Information) [2022] VICmr 157 (10 June 2022)
Decision information
Date of decision: 10 June 2022 Applicant: 'EO3' Agency: Department of Justice and Community Safety (DJCS) Citation: 'EO3' and Department of Justice and Community Safety (Freedom of Information) [2022] VICmr 157 (10 June 2022) Headnote: FREEDOM OF INFORMATION – Emergency Management Victoria – Emergency Management Commissioner – log books – handwritten notes – State Control Centre – meeting minutes – internal working documents – Cabinet deliberations or decisions Sections in the FOI Act: 28(1)(d), 30 Download this file: EO3 and Department of Justice and Community Safety Freedom of Information 2022 VICmr 157 10 June 2022 - PDF (2 MB) -
‘EO6’ and City of Greater Dandenong (Freedom of Information) [2022] VICmr 160 (10 June 2022)
Decision information
Date of decision: 10 June 2022 Applicant: 'EO6' Agency: Greater Dandenong City Council Citation: 'EO6' and City of Greater Dandenong (Freedom of Information) [2022] VICmr 160 (10 June 2022) Headnote: FREEDOM OF INFORMATION – legal professional privilege – invoices – commercial in confidence – disclosure would expose a business undertaking unreasonably to disadvantage Sections in the FOI Act: 32, 33(1), 34(1)(b), 38 Download this file: EO6 and City of Greater Dandenong Freedom of Information 2022 VICmr 160 10 June 2022 - PDF (6 MB) -
‘EO1’ and Department of Environment, Land, Water and Planning (Freedom of Information) [2022] VICmr 155 (9 June 2022)
Decision information
Date of decision: 9 June 2022 Applicant: 'EO1' Agency: Department of Energy, Environment and Climate Action (DEECA) Citation: 'EO1' and Department of Environment, Land, Water and Planning (Freedom of Information) [2022] VICmr 155 (9 June 2022) Headnote: FREEDOM OF INFORMATION – enquiries from the public – correspondence between agency officers – correspondence from a third party with an agency Sections in the FOI Act: 33(1), 35(1)(b) Download this file: EO1 and Department of Environment Land Water and Planning Freedom of Information 2022 VICmr 155 9 June 2022 - PDF (8 MB) -
‘EN9’ and City of Greater Dandenong (Freedom of Information) [2022] VICmr 154 (9 June 2022)
FREEDOM OF INFORMATION – food safety – Food Act 1984 (Vic) – Local Government Act 2020 (Vic) – secrecy provision – personal affairs information of Agency officers – disclosure unreasonable– information communicated in confidence – disclosure contrary to public interest – information acquired from a business undertaking – business, commercial or financial information – disclosure would not expose a business undertaking unreasonably to disadvantage
Decision information
Date of decision: 9 June 2022 Applicant: 'EN9' Agency: Greater Dandenong City Council Citation: 'EN9' and City of Greater Dandenong (Freedom of Information) [2022] VICmr 154 (9 June 2022) Headnote: FREEDOM OF INFORMATION – food safety – Food Act 1984 (Vic) – Local Government Act 2020 (Vic) – secrecy provision – personal affairs information of Agency officers – disclosure unreasonable– information communicated in confidence – disclosure contrary to public interest – information acquired from a business undertaking – business, commercial or financial information – disclosure would not expose a business undertaking unreasonably to disadvantage Sections in the FOI Act: 30, 33(1), 34(1)(b), 35(1)(a), 38 Download this file: EN9 and City of Greater Dandenong Freedom of Information 2022 VICmr 154 9 June 2022 - PDF (3 MB) -
‘EC9’ and Department of Education and Training (Freedom of Information) [2022] VICmr 53 (8 June 2022)
FREEDOM OF INFORMATION – parent request for child’s school file – student record – personal affairs information of third parties – disclosure unreasonable – information provided in confidence – disclosure contrary to public interest – search concerns – section 61B(3)
Decision information
Date of decision: 8 June 2022 Applicant: 'EC9' Agency: Citation: 'EC9' and Department of Education and Training (Freedom of Information) [2022] VICmr 53 (8 June 2022) Headnote: FREEDOM OF INFORMATION – parent request for child’s school file – student record – personal affairs information of third parties – disclosure unreasonable – information provided in confidence – disclosure contrary to public interest – search concerns – section 61B(3) Sections in the FOI Act: 33(1), 35(1)(b) Download this file: EC9 and Department of Education and Training Freedom of Information 2022 VICmr 53 8 June 2022 - PDF (374 KB) -
‘EE6’ and Energy Safe Victoria (Freedom of Information) [2022] VICmr 69 (7 June 2022)
FREEDOM OF INFORMATION – regulator documents – prosecution – withdrawal of charges – documents subject to legal privilege – decision making documents – publicly available information – disclosure not contrary to the public interest – briefing to a Minister
Decision information
Date of decision: 7 June 2022 Applicant: 'EE6' Agency: Energy Safe Victoria Citation: 'EE6' and Energy Safe Victoria (Freedom of Information) [2022] VICmr 69 (7 June 2022) Headnote: FREEDOM OF INFORMATION – regulator documents – prosecution – withdrawal of charges – documents subject to legal privilege – decision making documents – publicly available information – disclosure not contrary to the public interest – briefing to a Minister Sections in the FOI Act: 30, 32 Download this file: EE6 and Energy Safe Victoria Freedom of Information 2022 VICmr 69 7 June 2022 - PDF (1 MB) -
‘EN7’ and Moonee Valley City Council (Freedom of Information) [2022] VICmr 152 (7 June 2022)
FREEDOM OF INFORMATION – council documents – planning documents – planning application – plans – land use permit – secrecy provision – Local Government Act 2020 (Vic) – personal information
Decision information
Date of decision: 7 June 2022 Applicant: 'EN7' Agency: Moonee Valley City Council Citation: ‘EN7’ and Moonee Valley City Council (Freedom of Information) [2022] VICmr 152 (7 June 2022) Headnote: FREEDOM OF INFORMATION – council documents – planning documents – planning application – plans – land use permit – secrecy provision – Local Government Act 2020 (Vic) – personal information Sections in the FOI Act: 38 Download this file: ‘EN7 and Moonee Valley City Council Freedom of Information 2022 VICmr 152 7 June 2022 - PDF (325 KB) -
‘EN8’ and Bendigo Health Care Group (Freedom of Information) [2022] VICmr 153 (7 June 2022)
FREEDOM OF INFORMATION – medical records – health records – personal affairs information – disclosure unreasonable
Decision information
Date of decision: 7 June 2022 Applicant: 'EN8' Agency: Bendigo Health Care Group Citation: 'EN8' and Bendigo Health Care Group (Freedom of Information) [2022] VICmr 153 (7 June 2022) Headnote: FREEDOM OF INFORMATION – medical records – health records – personal affairs information – disclosure unreasonable Sections in the FOI Act: 33(1) Download this file: EN8 and Bendigo Health Care Group Freedom of Information 2022 VICmr 153 7 June 2022 - PDF (313 KB) -
‘EN5’ and Castlemaine Health (Freedom of Information) [2022] VICmr 150 (6 June 2022)
FREEDOM OF INFORMATION – medical records – mental health records – client note – documents affecting personal privacy of other parties – personal affairs information – unreasonable disclosure of information – section 33(2AB)
Decision information
Date of decision: 6 June 2022 Applicant: 'EN5' Agency: Castlemaine Health Citation: 'EN5' and Castlemaine Health (Freedom of Information) [2022] VICmr 150 (6 June 2022) Headnote: FREEDOM OF INFORMATION – medical records – mental health records – client note – documents affecting personal privacy of other parties – personal affairs information – unreasonable disclosure of information – section 33(2AB) Sections in the FOI Act: 33(1) Download this file: EN5 and Castlemaine Health Freedom of Information 2022 VICmr 150 6 June 2022 - PDF (365 KB) -
‘EN4’ and Melbourne Convention and Exhibition Trust (Freedom of Information) [2022] VICmr 149 (6 June 2022)
Decision information
Date of decision: 6 June 2022 Applicant: 'EN4' Agency: Melbourne Convention and Exhibition Trust Citation: 'EN4' and Melbourne Convention and Exhibition Trust (Freedom of Information) [2022] VICmr 149 (6 June 2022) Headnote: FREEDOM OF INFORMATION – workplace relations – workplace conduct – employee – internal email correspondence – SMS – reasonable opportunity to consult under section 25A(6) – substantial and unreasonable diversion of Agency resources Sections in the FOI Act: 25A(1) Download this file: EN4 and Melbourne Convention and Exhibition Trust Freedom of Information 2022 VICmr 149 6 June 2022 - PDF (301 KB) -
‘DD7’ and Office of the Chief Parliamentary Counsel Victoria (Freedom of Information) [2021] VICmr 161 (4 June 2021)
FREEDOM OF INFORMATION – repeated requests – legal professional privilege – invoices – commercial in confidence – varied decision
Decision information
Date of decision: 4 June 2022 Applicant: 'DD7' Agency: Chief Parliamentary Counsel Victoria Citation: 'DD7' and Office of the Chief Parliamentary Counsel Victoria (Freedom of Information) [2021] VICmr 161 (4 June 2021) Headnote: FREEDOM OF INFORMATION – repeated requests – legal professional privilege – invoices – commercial in confidence – varied decision Sections in the FOI Act: 32, 33(1), 34(1)(b) Download this file: DD7 and Office of the Chief Parliamentary Counsel Victoria Freedom of Information 2021 VICmr 161 4 June 2021 - PDF (1 MB) -
‘EE9’ and Sustainability Victoria (Freedom of Information) [2022] VICmr 72 (3 June 2022)
FREEDOM OF INFORMATION – business, commercial or financial information – government grants – unreasonable disadvantage to business undertaking
Decision information
Date of decision: 3 June 2022 Applicant: 'EE9' Agency: Sustainability Victoria Citation: 'EE9' and Sustainability Victoria (Freedom of Information) [2022] VICmr 72 (3 June 2022) Headnote: FREEDOM OF INFORMATION – business, commercial or financial information – government grants – unreasonable disadvantage to business undertaking Sections in the FOI Act: 34(1)(b) Download this file: EE9 and Sustainability Victoria Freedom of Information 2022 VICmr 72 3 June 2022 - PDF (692 KB) -
‘EF5’ and Department of Premier and Cabinet (Freedom of Information) [2022] VICmr 78 (3 June 2022)
FREEDOM OF INFORMATION – COVID-19 pandemic– public health directions – legal advice – Cabinet documents – legal professional privilege – irrelevant information
Decision information
Date of decision: 3 June 2022 Applicant: 'EF5' Agency: Department of Premier and Cabinet (DPC) Citation: 'EF5' and Department of Premier and Cabinet (Freedom of Information) [2022] VICmr 78 (3 June 2022) Headnote: FREEDOM OF INFORMATION – COVID-19 pandemic– public health directions – legal advice – Cabinet documents – legal professional privilege - irrelevant information Sections in the FOI Act: 32, 25 Download this file: EF5 and Department of Premier and Cabinet Freedom of Information 2022 VICmr 78 3 June 2022 - PDF (377 KB) -
‘EN6’ and Victorian WorkCover Authority (Freedom of Information) [2022] VICmr 151 (3 June 2022)
FREEDOM OF INFORMATION – regulator documents – workplace injury – investigation – legal privilege – legal proceedings – witness statements – Occupational Health and Safety Act 2004 (Vic)
Decision information
Date of decision: 3 June 2022 Applicant: 'EN6' Agency: Victorian WorkCover Authority (t/a WorkSafe) Citation: 'EN6' and Victorian WorkCover Authority (Freedom of Information) [2022] VICmr 151 (3 June 2022) Headnote: FREEDOM OF INFORMATION – regulator documents – workplace injury – investigation – legal privilege – legal proceedings – witness statements – Occupational Health and Safety Act 2004 (Vic) Sections in the FOI Act: 32, 33(1) Download this file: EN6 and Victorian WorkCover Authority Freedom of Information 2022 VICmr 151 3 June 2022 - PDF (432 KB) -
‘EF4’ and Department of Education and Training (Freedom of Information) [2022] VICmr 77 (2 June 2022)
FREEDOM OF INFORMATION – school documents – incident involving a child – parent seeking access to information concerning incident involving their child – third party information – information obtained in confidence – Child Protection information – medical report – secrecy provision – confidentiality provision
– Children Youth and Families Act 2005 (Vic)Decision information
Date of decision: 2 June 2022 Applicant: 'EF4' Agency: Citation: 'EF4' and Department of Education and Training (Freedom of Information) [2022] VICmr 77 (2 June 2022) Headnote: FREEDOM OF INFORMATION – school documents – incident involving a child – parent seeking access to information concerning incident involving their child – third party information – information obtained in confidence – Child Protection information – medical report – secrecy provision – confidentiality provision – Children Youth and Families Act 2005 (Vic) Sections in the FOI Act: 30, 32, 33(1), 35(1)(b), 38 Download this file: EF4 and Department of Education and Training Freedom of Information 2022 VICmr 77 2 June 2022 - PDF (1 MB) -
‘EN1′ and City of Stonnington (Freedom of Information) [2022] VICmr 146 (2 June 2022)
FREEDOM OF INFORMATION – council documents – communication between lawyer and client – [occupation] – legal advice – legal professional privilege – information provided in confidence – Local Government Act 2020 (Vic) – secrecy provision
Decision information
Date of decision: 2 June 2022 Applicant: 'EN1' Agency: City of Stonnington Citation: ‘EN1' and City of Stonnington (Freedom of Information) [2022] VICmr 146 (2 June 2022) Headnote: FREEDOM OF INFORMATION – council documents – communication between lawyer and client – [occupation] – legal advice – legal professional privilege – information provided in confidence – Local Government Act 2020 (Vic) – secrecy provision Sections in the FOI Act: 38 Download this file: ‘EN1 and City of Stonnington Freedom of Information 2022 VICmr 146 2 June 2022 - PDF (253 KB) -
‘EN3’ and Department of Premier and Cabinet (Freedom of Information) [2022] VICmr 148 (3 June 2022)
Decision information
Date of decision: 1 June 2022 Applicant: 'EN3' Agency: Department of Premier and Cabinet (DPC) Citation: 'EN3' and Department of Premier and Cabinet (Freedom of Information) [2022] VICmr 148 (3 June 2022) Headnote: FREEDOM OF INFORMATION – COVID-19 pandemic – public health directions – legal advice – Cabinet documents – legal professional privilege – irrelevant information Sections in the FOI Act: 32, 25 Download this file: EN3 and Department of Premier and Cabinet Freedom of Information 2022 VICmr 148 3 June 2022 - PDF (384 KB)