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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‘EU7’ and Department of Environment, Land, Water and Planning (Freedom of Information) [2022] VICmr 216 (31 August 2022)
FREEDOM OF INFORMATION – internal working documents – Ministerial briefings – Planning and Environment Act 1987 (Vic) – planning scheme amendment – Environmental Audit Overlay – environmental amendment – agency recommendations to Minister – Planning Minister – statutory decision making
Decision information
Date of decision: 31 August 2022 Applicant: 'EU7' Agency: Department of Energy, Environment and Climate Action (DEECA) Citation: 'EU7' and Department of Environment, Land, Water and Planning (Freedom of Information) [2022] VICmr 216 (31 August 2022) Headnote: FREEDOM OF INFORMATION – internal working documents – Ministerial briefings – Planning and Environment Act 1987 (Vic) – planning scheme amendment – Environmental Audit Overlay – environmental amendment – agency recommendations to Minister – Planning Minister – statutory decision making Sections in the FOI Act: 30 Download this file: EU7 and Department of Environment Land Water and Planning Freedom of Information 2022 VICmr 216 31 August 2022 - PDF (368 KB) -
‘EU6’ and Department of Environment, Land, Water and Planning (Freedom of Information) [2022] VICmr 215 (30 August 2022)
FREEDOM OF INFORMATION – wind farms – Brolga Assessment and Mitigation Standards – initial considerations of agency officers not sufficiently formalised – disclosure of agency officer names
Decision information
Date of decision: 30 August 2022 Applicant: 'EU6' Agency: Citation: 'EU6' and Department of Environment, Land, Water and Planning (Freedom of Information) [2022] VICmr 215 (30 August 2022) Headnote: FREEDOM OF INFORMATION – wind farms – Brolga Assessment and Mitigation Standards – initial considerations of agency officers not sufficiently formalised – disclosure of agency officer names Sections in the FOI Act: 30, 33(1), 25 Download this file: EU6 and Department of Environment Land Water and Planning Freedom of Information 2022 VICmr 215 30 August 2022 - PDF (660 KB) -
‘ET8’ and Department of Jobs, Precincts and Regions (Freedom of Information) [2022] VICmr 208 (29 August 2022)
FREEDOM OF INFORMATION – Game Management Authority – executive officers – members of agency’s executive – conflict of interest forms – personal affairs information of third parties – disclosure not unreasonable
Decision information
Date of decision: 29 August 2022 Applicant: 'ET8' Agency: Citation: 'ET8' and Department of Jobs, Precincts and Regions (Freedom of Information) [2022] VICmr 208 (29 August 2022) Headnote: FREEDOM OF INFORMATION – Game Management Authority – executive officers – members of agency’s executive – conflict of interest forms – personal affairs information of third parties – disclosure not unreasonable Sections in the FOI Act: 33(1) Download this file: ET8 and Department of Jobs Precincts and Regions Freedom of Information 2022 VICmr 208 29 August 2022 - PDF (1 MB) -
‘ET4’ and Victorian Building Authority (Freedom of Information) [2022] VICmr 204 (26 August 2022)
FREEDOM OF INFORMATION – regulatory documents – consumer complaint – alleged misconduct of registered practitioner – statutory investigation – Building Act 1993 (Vic) – investigation report – findings and recommendations – information communicated in confidence – third party personal affairs information – internal working document – review of agency fresh decision
Decision information
Date of decision: 26 August 2022 Applicant: 'ET4' Agency: Victorian Building Authority Citation: ‘ET4’ and Victorian Building Authority (Freedom of Information) [2022] VICmr 204 (26 August 2022) Headnote: FREEDOM OF INFORMATION – regulatory documents – consumer complaint – alleged misconduct of registered practitioner – statutory investigation – Building Act 1993 (Vic) – investigation report – findings and recommendations – information communicated in confidence – third party personal affairs information – internal working document – review of agency fresh decision Sections in the FOI Act: 30, 33(1), 35(1)(b) Download this file: ‘ET4 and Victorian Building Authority Freedom of Information 2022 VICmr 204 26 August 2022 - PDF (271 KB) -
‘ET7’ and Victorian WorkCover Authority (Freedom of Information) [2022] VICmr 207 (26 August 2022)
FREEDOM OF INFORMATION – regulatory documents – Occupational Health and Safety Act 2004 (Vic) – workplace investigation – brief of evidence – communications to the Director of Public Prosecution (DPP) – refusal to process request on grounds all documents, should any exist, would be exempt – legal professional privilege
Decision information
Date of decision: 26 August 2022 Applicant: 'ET7' Agency: Victorian WorkCover Authority (t/a WorkSafe) Citation: 'ET7' and Victorian WorkCover Authority (Freedom of Information) [2022] VICmr 207 (26 August 2022) Headnote: FREEDOM OF INFORMATION – regulatory documents – Occupational Health and Safety Act 2004 (Vic) – workplace investigation – brief of evidence – communications to the Director of Public Prosecution (DPP) – refusal to process request on grounds all documents, should any exist, would be exempt – legal professional privilege Sections in the FOI Act: 25A(5) Download this file: ET7 and Victorian WorkCover Authority Freedom of Information 2022 VICmr 207 26 August 2022 - PDF (251 KB) -
‘ET6’ and Department of Families, Fairness and Housing (Freedom of Information) [2022] VICmr 206 (26 August 2022)
FREEDOM OF INFORMATION – Child Protection records – care leaver records – applicant seeks access to their Child Protection records – Child Protection intake records – Children, Youth and Families Act 2005 (Vic) – secrecy provision
Decision information
Date of decision: 26 August 2022 Applicant: 'ET6' Agency: Department of Families, Fairness and Housing (DFFH) Citation: 'ET6' and Department of Families, Fairness and Housing (Freedom of Information) [2022] VICmr 206 (26 August 2022) Headnote: FREEDOM OF INFORMATION – Child Protection records – care leaver records – applicant seeks access to their Child Protection records – Child Protection intake records – Children, Youth and Families Act 2005 (Vic) – secrecy provision Sections in the FOI Act: 31(1)(c), 33(1), 35(1)(b), 38 Download this file: ET6 and Department of Families Fairness and Housing Freedom of Information 2022 VICmr 206 26 August 2022 - PDF (716 KB) -
‘ET2’ and Department of Education and Training (Freedom of Information) [2022] VICmr 202 (25 August 2022)
FREEDOM OF INFORMATION – Council project – early childhood – childcare centre – grant – construction project – project costs – disclosure of third party personal affairs information unreasonable
Decision information
Date of decision: 25 August 2022 Applicant: 'ET2' Agency: Citation: 'ET2' and Department of Education and Training (Freedom of Information) [2022] VICmr 202 (25 August 2022) Headnote: FREEDOM OF INFORMATION – Council project – early childhood – childcare centre – grant – construction project – project costs – disclosure of third party personal affairs information unreasonable Sections in the FOI Act: 33(1) Download this file: ET2 and Department of Education and Training Freedom of Information 2022 VICmr 202 25 August 2022 - PDF (588 KB) -
‘ET3’ and Commission for Children and Young People (Freedom of Information) [2022] VICmr 203 (25 August 2022)
FREEDOM OF INFORMATION – investigation documents – reportable conduct scheme – children and young people – Commission for Children and Young People Act 2012 (Vic) – CCYP – Child Wellbeing and Safety Act 2005 (Vic) – refusal to process request on grounds all documents would be exempt – prohibited disclosure of protected information – secrecy provision
Decision information
Date of decision: 25 August 2022 Applicant: 'ET3' Agency: Commission for Children and Young People Citation: 'ET3' and Commission for Children and Young People (Freedom of Information) [2022] VICmr 203 (25 August 2022) Headnote: FREEDOM OF INFORMATION – investigation documents – reportable conduct scheme – children and young people – Commission for Children and Young People Act 2012 (Vic) – CCYP – Child Wellbeing and Safety Act 2005 (Vic) – refusal to process request on grounds all documents would be exempt – prohibited disclosure of protected information – secrecy provision Sections in the FOI Act: 25A(5), 38 Download this file: ET3 and Commission for Children and Young People Freedom of Information 2022 VICmr 203 25 August 2022 - PDF (268 KB) -
‘ET1’ and Department of Treasury and Finance (Freedom of Information) [2022] VICmr 201 (22 August 2022)
FREEDOM OF INFORMATION – Cabinet documents – disclosure of any deliberation or decision of the Cabinet – social housing – Social and Affordable Housing Contribution – revenue modelling – impact on housing affordability
Decision information
Date of decision: 22 August 2022 Applicant: 'ET1' Agency: Department of Treasury and Finance (DTF) Citation: 'ET1' and Department of Treasury and Finance (Freedom of Information) [2022] VICmr 201 (22 August 2022) Headnote: FREEDOM OF INFORMATION – Cabinet documents – disclosure of any deliberation or decision of the Cabinet – social housing – Social and Affordable Housing Contribution – revenue modelling – impact on housing affordability Sections in the FOI Act: 28(1)(d), 30 Download this file: ET1 and Department of Treasury and Finance Freedom of Information 2022 VICmr 201 22 August 2022 - PDF (461 KB) -
‘ES9’ and Medical Panels (Freedom of Information) [2022] VICmr 200 (18 August 2022)
FREEDOM OF INFORMATION – Medical Panels – Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) – medical examination – notes of individual medical practitioners – collective decision making
– internal working documents – disclosure would be contrary to public interestDecision information
Date of decision: 18 August 2022 Applicant: 'ES9' Agency: Medical Panels Citation: 'ES9' and Medical Panels (Freedom of Information) [2022] VICmr 200 (18 August 2022) Headnote: FREEDOM OF INFORMATION – Medical Panels – Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) – medical examination – notes of individual medical practitioners – collective decision making – internal working documents – disclosure would be contrary to public interest Sections in the FOI Act: 30 Download this file: ES9 and Medical Panels Freedom of Information 2022 VICmr 200 18 August 2022 - PDF (307 KB) -
‘ES8’ and Department of Treasury and Finance (Freedom of Information) [2022] VICmr 199 (18 August 2022)
Decision information
Date of decision: 18 August 2022 Applicant: ‘ES8’ Agency: Department of Treasury and Finance (DTF) Citation: 'ES8' and Department of Treasury and Finance (Freedom of Information) [2022] VICmr 199 (18 August 2022) Headnote: FREEDOM OF INFORMATION – ministerial briefings – government grants – priority planning projects – High Capacity Metro Trains – North East Link – communications from the Commonwealth government – COVID-19 pandemic – contracts modifications – bed capacity in prisons – Victorian Major Projects Pipeline – disclosure would not expose an undertaking unreasonably to disadvantage – agency is not engaged in trade and commerce – disclosure not contrary to the public interest – public interest in disclosure of information Sections in the FOI Act: 29(1)(a), 28(1)(d), 30, 34(1)(b), 34(4)(a)(ii), 25 Download this file: ES8 and Department of Treasury and Finance Freedom of Information 2022 VICmr 199 18 August 2022 1 - PDF (240 KB) -
‘ES7’ and Department of Justice and Community Safety (Freedom of Information) [2022] VICmr 198 (16 August 2022)
FREEDOM OF INFORMATION – Patriotic Funds – trust deed – information provided in confidence – disclosure would impair agency’s ability to obtain similar information in the future – contrary to public interest to release
Decision information
Date of decision: 16 August 2022 Applicant: 'ES7' Agency: Department of Justice and Community Safety (DJCS) Citation: 'ES7' and Department of Justice and Community Safety (Freedom of Information) [2022] VICmr 198 (16 August 2022) Headnote: FREEDOM OF INFORMATION – Patriotic Funds – trust deed – information provided in confidence – disclosure would impair agency’s ability to obtain similar information in the future – contrary to public interest to release Sections in the FOI Act: 35(1)(b) Download this file: ES7 and Department of Justice and Community Safety Freedom of Information 2022 VICmr 198 16 August 2022 - PDF (450 KB) -
‘ES6’ and Gordon Institute of TAFE (Freedom of Information) [2022] VICmr 197 (12 August 2022)
FREEDOM OF INFORMATION – People Matter Survey – staff survey results – disclosure of information provided to agency in confidence contrary to the public interest
Decision information
Date of decision: 12 August 2022 Applicant: 'ES6' Agency: Gordon Institute of TAFE Citation: 'ES6' and Gordon Institute of TAFE (Freedom of Information) [2022] VICmr 197 (12 August 2022) Headnote: FREEDOM OF INFORMATION – People Matter Survey – staff survey results – disclosure of information provided to agency in confidence contrary to the public interest Sections in the FOI Act: 35(1)(b) Download this file: ES6 and Gordon Institute of TAFE Freedom of Information 2022 VICmr 197 12 August 2022 - PDF (254 KB) -
‘ES4’ and Department of Jobs, Precincts and Regions (Freedom of Information) [2022] VICmr 195 (10 August 2022)
FREEDOM OF INFORMATION – Ministerial briefs – Ministerial briefings – Minister for Local Government Cabinet documents – internal working documents – disclosure not contrary to the public interest
Decision information
Date of decision: 10 August 2022 Applicant: 'ES4' Agency: Citation: 'ES4' and Department of Jobs, Precincts and Regions (Freedom of Information) [2022] VICmr 195 (10 August 2022) Headnote: FREEDOM OF INFORMATION – Ministerial briefs – Ministerial briefings – Minister for Local Government Cabinet documents – internal working documents – disclosure not contrary to the public interest Sections in the FOI Act: 28(1)(b), 28(1)(ba), 30 Download this file: ES4 and Department of Jobs Precincts and Regions Freedom of Information 2022 VICmr 195 10 August 2022 - PDF (466 KB) -
‘ES3’ and Barwon Health (Freedom of Information) [2022] VICmr 194 (8 August 2022)
FREEDOM OF INFORMATION – medical records – health records – deceased parent – next of kin – personal affairs information of third parties
Decision information
Date of decision: 8 August 2022 Applicant: 'ES3' Agency: Barwon Health Citation: 'ES3' and Barwon Health (Freedom of Information) [2022] VICmr 194 (8 August 2022) Headnote: FREEDOM OF INFORMATION – medical records – health records – deceased parent – next of kin – personal affairs information of third parties Sections in the FOI Act: 33(1), 35(1)(b) Download this file: ES3 and Barwon Health Freedom of Information 2022 VICmr 194 8 August 2022 - PDF (432 KB) -
‘ES2’ and Victorian WorkCover Authority (Freedom of Information) [2022] VICmr 193 (5 August 2022)
FREEDOM OF INFORMATION – regulatory documents – workplace investigation documents – notifiable workplace incident – employment records – personal affairs information of third parties – disclosure of personal affairs information
Decision information
Date of decision: 5 August 2022 Applicant: 'ES2' Agency: Victorian WorkCover Authority (t/a WorkSafe) Citation: 'ES2' and Victorian WorkCover Authority (Freedom of Information) [2022] VICmr 193 (5 August 2022) Headnote: FREEDOM OF INFORMATION – regulatory documents – workplace investigation documents – notifiable workplace incident – employment records – personal affairs information of third parties – disclosure of personal affairs information Sections in the FOI Act: 33(1) Download this file: ES2 and Victorian WorkCover Authority Freedom of Information 2022 VICmr 193 5 August 2022 - PDF (814 KB)