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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‘EV3’ and Department of Jobs, Precincts and Regions (Freedom of Information) [2022] VICmr 221 (21 September 2022)
FREEDOM OF INFORMATION – Ministerial briefing documents – Briefs – Creative Victoria – performing arts sector – Minister for Creative Industries – COVID-19 pandemic – government grants – public funding – disclosure not contrary to public interest – review of Agency fresh decision
Decision information
Date of decision: 21 September 2022 Applicant: 'EV3' Agency: Department of Jobs, Skills, Industry and Regions (DJSIR) Citation: 'EV3' and Department of Jobs, Precincts and Regions (Freedom of Information) [2022] VICmr 221 (21 September 2022) Headnote: FREEDOM OF INFORMATION – Ministerial briefing documents – Briefs – Creative Victoria – performing arts sector – Minister for Creative Industries – COVID-19 pandemic – government grants – public funding – disclosure not contrary to public interest – review of Agency fresh decision Sections in the FOI Act: 30 Download this file: EV3 and Department of Jobs Precincts and Regions Freedom of Information 2022 VICmr 221 21 September 2022 - PDF (463 KB) -
‘EV5’ and Department of Health (Freedom of Information) [2022] VICmr 223 (19 September 2022)
FREEDOM OF INFORMATION – organisation reform – review of agency role and functions – documents prepared by external consultant – Program Plan – organisational restructure – Office of the Chief Health Officer
Decision information
Date of decision: 19 September 2022 Applicant: 'EV5' Agency: Department of Health Citation: 'EV5' and Department of Health (Freedom of Information) [2022] VICmr 223 (19 September 2022) Headnote: FREEDOM OF INFORMATION – organisation reform – review of agency role and functions – documents prepared by external consultant – Program Plan – organisational restructure – Office of the Chief Health Officer Sections in the FOI Act: 28(1)(b), 28(1)(ba), 28(1)(c), 30, 33(1), 25 Download this file: EV5 and Department of Health Freedom of Information 2022 VICmr 223 19 September 2022 - PDF (874 KB) -
‘EV4’ and Worksafe (Freedom of Information) [2022] VICmr 222 (19 September 2022)
FREEDOM OF INFORMATION – Board Meeting Minutes – Agenda – business affairs information – disclosure likely to expose unreasonably to disadvantage – trade or commerce – financial nature
Decision information
Date of decision: 19 September 2022 Applicant: 'EV4' Agency: Victorian WorkCover Authority (t/a WorkSafe) Citation: 'EV4' and Worksafe (Freedom of Information) [2022] VICmr 222 (19 September 2022) Headnote: FREEDOM OF INFORMATION – Board Meeting Minutes – Agenda – business affairs information – disclosure likely to expose unreasonably to disadvantage – trade or commerce – financial nature Sections in the FOI Act: 30, 33(1), 34(1)(b), 34(4)(a)(ii) Download this file: EV4 and Worksafe Freedom of Information 2022 VICmr 222 19 September 2022 - PDF (1 MB) -
‘EV1’ and Department of Justice and Community Safety (Freedom of Information) [2022] VICmr 219 (15 September 2022)
FREEDOM OF INFORMATION – prisoner – prison visitor – call history – incident – prison staff – personal affairs information – information to which secrecy provision applies – Corrections Victoria
Decision information
Date of decision: 15 September 2022 Applicant: 'EV1' Agency: Department of Justice and Community Safety (DJCS) Citation: 'EV1' and Department of Justice and Community Safety (Freedom of Information) [2022] VICmr 219 (15 September 2022) Headnote: FREEDOM OF INFORMATION – prisoner – prison visitor – call history – incident – prison staff – personal affairs information – information to which secrecy provision applies – Corrections Victoria Sections in the FOI Act: 38, 25 Download this file: EV1 and Department of Justice and Community Safety Freedom of Information 2022 VICmr 219 15 September 2022 - PDF (433 KB) -
‘EU9’ and Yarra City Council (Freedom of Information) [2022] VICmr 218 (15 September 2022)
FREEDOM OF INFORMATION – council documents – local government – infrastructure costing and analysis – external consultant report – option analysis – internal working document – release not contrary to the public interest
Decision information
Date of decision: 15 September 2022 Applicant: 'EU9' Agency: Yarra City Council Citation: 'EU9' and Yarra City Council (Freedom of Information) [2022] VICmr 218 (15 September 2022) Headnote: FREEDOM OF INFORMATION – council documents – local government – infrastructure costing and analysis – external consultant report – option analysis – internal working document – release not contrary to the public interest Sections in the FOI Act: 30 Download this file: EU9 and Yarra City Council Freedom of Information 2022 VICmr 218 15 September 2022 - PDF (354 KB) -
‘EV2’ and Department of Jobs, Precincts and Regions (Freedom of Information) [2022] VICmr 220 (14 September 2022)
Decision information
Date of decision: 14 September 2022 Applicant: 'EV2' Agency: Department of Jobs, Skills, Industry and Regions (DJSIR) Citation: 'EV2' and Department of Jobs, Precincts and Regions (Freedom of Information) [2022] VICmr 220 (14 September 2022) Headnote: FREEDOM OF INFORMATION – Ministerial briefs – draft ministerial briefs – agency not engaged in trade or commerce Sections in the FOI Act: 30, 34(4)(a)(ii) Download this file: EV2 and Department of Jobs Precincts and Regions Freedom of Information 2022 VICmr 220 14 September 2022 - PDF (584 KB) -
‘EU2’ and Victoria Police (Freedom of Information) [2022] VICmr 211 (9 September 2022)
FREEDOM OF INFORMATION – police records – time and date police officer sworn in – sworn police officer – refusal to process request on grounds any relevant document, should any exist, would be exempt – disclosure of third party personal affairs information would be unreasonable – satisfied any document would be exempt
Decision information
Date of decision: 9 September 2022 Applicant: 'EU2' Agency: Victoria Police Citation: 'EU2' and Victoria Police (Freedom of Information) [2022] VICmr 211 (9 September 2022) Headnote: FREEDOM OF INFORMATION – police records – time and date police officer sworn in – sworn police officer – refusal to process request on grounds any relevant document, should any exist, would be exempt – disclosure of third party personal affairs information would be unreasonable – satisfied any document would be exempt Sections in the FOI Act: 25A(5), 33(1) Download this file: EU2 and Victoria Police Freedom of Information 2022 VICmr 211 9 September 2022 - PDF (237 KB) -
‘EU4’ and Game Management Authority (Freedom of Information) [2022] VICmr 213 (7 September 2022)
FREEDOM OF INFORMATION – Game Management Authority – board meeting minutes – draft documents – duck hunting – disclosure would not be contrary to the public interest
Decision information
Date of decision: 7 September 2022 Applicant: 'EU4' Agency: Game Management Authority Citation: 'EU4' and Game Management Authority (Freedom of Information) [2022] VICmr 213 (7 September 2022) Headnote: FREEDOM OF INFORMATION – Game Management Authority – board meeting minutes – draft documents – duck hunting – disclosure would not be contrary to the public interest Sections in the FOI Act: 25, 30 Download this file: EU4 and Game Management Authority Freedom of Information 2022 VICmr 213 7 September 2022 - PDF (1 MB) -
‘EU5’ and Suburban Rail Loop Authority (Freedom of Information) [2022] VICmr 214 (6 September 2022)
FREEDOM OF INFORMATION – ownership of shares by executive officers – shareholding information of executive officers – personal affairs information of a third party – documents affecting personal privacy – disclosure unreasonable
Decision information
Date of decision: 6 September 2022 Applicant: 'EU5' Agency: Suburban Rail Loop Authority Citation: 'EU5' and Suburban Rail Loop Authority (Freedom of Information) [2022] VICmr 214 (6 September 2022) Headnote: FREEDOM OF INFORMATION – ownership of shares by executive officers – shareholding information of executive officers – personal affairs information of a third party – documents affecting personal privacy – disclosure unreasonable Sections in the FOI Act: 33(1) Download this file: EU5 and Suburban Rail Loop Authority Freedom of Information 2022 VICmr 214 6 September 2022 - PDF (467 KB)