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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‘ER9’ and Major Transport Infrastructure Authority (Freedom of Information) [2022] VICmr 191 (28 July 2022)
FREEDOM OF INFORMATION – Western Roads Upgrade (WRU) Project – [Project Deed] – infrastructure – internal working documents – legal professional privilege
Decision information
Date of decision: 29 July 2022 Applicant: 'ER9' Agency: Major Transport Infrastructure Authority Citation: 'ER9' and Major Transport Infrastructure Authority (Freedom of Information) [2022] VICmr 191 (28 July 2022) Headnote: FREEDOM OF INFORMATION – Western Roads Upgrade (WRU) Project – [Project Deed] – infrastructure – internal working documents – legal professional privilege Sections in the FOI Act: 30, 32 Download this file: ER9 and Major Transport Infrastructure Authority Freedom of Information 2022 VICmr 191 28 July 2022 - PDF (594 KB) -
‘ER8’ and Victoria Police (Freedom of Information) [2022] VICmr 190 (27 July 2022)
FREEDOM OF INFORMATION – police records – legal proceedings – LEAP report – eDPR report – welfare check – police member notes – internal working documents – information communicated in confidence – disclosure contrary to public interest – personal affairs information – disclosure unreasonable
Decision information
Date of decision: 27 July 2022 Applicant: 'ER8' Agency: Victoria Police Citation: 'ER8' and Victoria Police (Freedom of Information) [2022] VICmr 190 (27 July 2022) Headnote: FREEDOM OF INFORMATION – police records – legal proceedings – LEAP report – eDPR report – welfare check – police member notes – internal working documents – information communicated in confidence – disclosure contrary to public interest – personal affairs information – disclosure unreasonable Sections in the FOI Act: 30, 31(1)(d), 33(1), 35(1)(b) Download this file: ER8 and Victoria Police Freedom of Information 2022 VICmr 190 27 July 2022 - PDF (715 KB) -
‘EG3’ and Moreland City Council (Freedom of Information) [2022] VICmr 85 (22 July 2022)
FREEDOM OF INFORMATION – council documents – bicycle lane trial – internal emails – personal affairs information – secrecy provision – Local Government Act 2020 (Vic)
Decision information
Date of decision: 22 July 2022 Applicant: 'EG3' Agency: Moreland City Council Citation: 'EG3' and Moreland City Council (Freedom of Information) [2022] VICmr 85 (22 July 2022) Headnote: FREEDOM OF INFORMATION – council documents – bicycle lane trial – internal emails – personal affairs information – secrecy provision – Local Government Act 2020 (Vic) Sections in the FOI Act: 33(1), 34(1)(b), 38 Download this file: EG3 and Moreland City Council Freedom of Information 2022 VICmr 85 22 July 2022 - PDF (1 MB) -
‘ER7’ and Victorian Legal Services Board (Freedom of Information) [2022] VICmr 189 (21 July 2022)
FREEDOM OF INFORMATION – refusal to process request on grounds all documents, should any exist, would be exempt from release – complaints made against Agency officers – secrecy provision – Legal Profession Uniform Law Application Act 2014 (Vic) – Uniform Law – disclosure of personal affairs information unreasonable
Decision information
Date of decision: 21 July 2022 Applicant: 'ER7' Agency: Victorian Legal Services Board Citation: ‘ER7’ and Victorian Legal Services Board (Freedom of Information) [2022] VICmr 189 (21 July 2022) Headnote: FREEDOM OF INFORMATION – refusal to process request on grounds all documents, should any exist, would be exempt from release – complaints made against Agency officers – secrecy provision – Legal Profession Uniform Law Application Act 2014 (Vic) – Uniform Law – disclosure of personal affairs information unreasonable Sections in the FOI Act: 25A(5), 33(1), 38 Download this file: ‘ER7 and Victorian Legal Services Board Freedom of Information 2022 VICmr 189 21 July 2022 - PDF (261 KB) -
‘EG2’ and Department of Transport (Freedom of Information) [2022] VICmr 84 (19 July 2022)
FREEDOM OF INFORMATION – Cabinet documents – major transport infrastructure project – business case – [location] Bypass – document prepared for the purpose of submission for consideration by the Cabinet
Decision information
Date of decision: 19 July 2022 Applicant: 'EG2' Agency: Citation: 'EG2' and Department of Transport (Freedom of Information) [2022] VICmr 84 (19 July 2022) Headnote: FREEDOM OF INFORMATION – Cabinet documents – major transport infrastructure project – business case – [location] Bypass – document prepared for the purpose of submission for consideration by the Cabinet Sections in the FOI Act: 28(1)(b) Download this file: EG2 and Department of Transport Freedom of Information 2022 VICmr 84 19 July 2022 - PDF (220 KB) -
‘EG1’ and Department of Education and Training (Freedom of Information) [2022] VICmr 83 (13 July 2022)
FREEDOM OF INFORMATION – documents relating to incident with child at school – internal working documents – contrary to public interest – personal affairs information – unreasonable to disclose – information obtained in confidence – Working with Children Check scheme – Worker Screening Act 2020 (Vic)
Decision information
Date of decision: 13 July 2022 Applicant: 'EG1' Agency: Citation: 'EG1' and Department of Education and Training (Freedom of Information) [2022] VICmr 83 (13 July 2022) Headnote: FREEDOM OF INFORMATION – documents relating to incident with child at school – internal working documents – contrary to public interest – personal affairs information – unreasonable to disclose – information obtained in confidence – Working with Children Check scheme – Worker Screening Act 2020 (Vic) Sections in the FOI Act: 30, 33(1), 35(1)(b), 38 Download this file: EG1 and Department of Education and Training Freedom of Information 2022 VICmr 83 13 July 2022 - PDF (1 MB) -
‘EG6’ and Department of Transport (Freedom of Information) [2022] VICmr 88 (11 July 2022)
FREEDOM OF INFORMATION – Public Accounts and Estimates (PAEC) briefing – PAEC public inquiry – internal working documents – disclosure contrary to public interest – Cabinet documents
Decision information
Date of decision: 11 July 2022 Applicant: 'EG6' Agency: Citation: 'EG6' and Department of Transport (Freedom of Information) [2022] VICmr 88 (11 July 2022) Headnote: FREEDOM OF INFORMATION – Public Accounts and Estimates (PAEC) briefing – PAEC public inquiry – internal working documents – disclosure contrary to public interest – Cabinet documents Sections in the FOI Act: 28(1)(d), 30 Download this file: EG6 and Department of Transport Freedom of Information 2022 VICmr 88 11 July 2022 - PDF (611 KB) -
‘ER5’ and Department of Justice and Community Safety (Freedom of Information) [2022] VICmr 187 (5 July 2022)
FREEDOM OF INFORMATION – Corrections Victoria – mail sent by prisoner to third parties – prisoner mail seized by prison staff – ‘Not To Be Issued’ (NTBI) mail – enforcement or proper administration of the law in a particular instance – Corrections Act 1986 (Vic)
Decision information
Date of decision: 5 July 2022 Applicant: 'ER5' Agency: Department of Justice and Community Safety (DJCS) Citation: ‘ER5’ and Department of Justice and Community Safety (Freedom of Information) [2022] VICmr 187 (5 July 2022) Headnote: FREEDOM OF INFORMATION – Corrections Victoria – mail sent by prisoner to third parties – prisoner mail seized by prison staff – ‘Not To Be Issued’ (NTBI) mail – enforcement or proper administration of the law in a particular instance – Corrections Act 1986 (Vic) Sections in the FOI Act: 31(1)(a) Download this file: ‘ER5 and Department of Justice and Community Safety Freedom of Information 2022 VICmr 187 5 July 2022 - PDF (243 KB) -
‘EG5’ and Emergency Services Telecommunications Authority (Freedom of Information) [2022] VICmr 87 (22 July 2022)
FREEDOM OF INFORMATION – emergency services document – Triple Zero call – 000 call – secrecy provision – confidential information – Emergency Services Telecommunications Authority Act 2004 (Vic)
Decision information
Date of decision: 1 July 2022 Applicant: 'EG5' Agency: Emergency Services Telecommunications Authority Citation: 'EG5' and Emergency Services Telecommunications Authority (Freedom of Information) [2022] VICmr 87 (22 July 2022) Headnote: FREEDOM OF INFORMATION – emergency services document – Triple Zero call – 000 call – secrecy provision – confidential information – Emergency Services Telecommunications Authority Act 2004 (Vic) Sections in the FOI Act: 38 Download this file: EG5 and Emergency Services Telecommunications Authority Freedom of Information 2022 VICmr 87 22 July 2022 - PDF (224 KB)