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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‘EW5’ and Department of Jobs, Precincts and Regions (Freedom of Information) [2022] VICmr 233 (27 October 2022)
FREEDOM OF INFORMATION – animal welfare – animal cruelty allegations – commercially farmed animals – investigation of complaint – handwritten notes – photographs of commercial farm and animals – personal affairs information – Prevention of Cruelty to Animals Act 1986 (Vic)
Decision information
Date of decision: 27 October 2022 Applicant: 'EW5' Agency: Department of Jobs, Skills, Industry and Regions (DJSIR) Citation: 'EW5' and Department of Jobs, Precincts and Regions (Freedom of Information) [2022] VICmr 233 (27 October 2022) Headnote: FREEDOM OF INFORMATION – animal welfare – animal cruelty allegations – commercially farmed animals – investigation of complaint – handwritten notes – photographs of commercial farm and animals – personal affairs information – Prevention of Cruelty to Animals Act 1986 (Vic) Sections in the FOI Act: 33(1) Download this file: EW5 and Department of Jobs Precincts and Regions Freedom of Information 2022 VICmr 233 27 October 2022 - PDF (385 KB) -
‘EW7’ and Victorian Building Authority (Freedom of Information) [2022] VICmr 235 (27 October 2022)
FREEDOM OF INFORMATION – investigations into municipal building practitioners – regulation and enforcement – Building Act 1993 (Vic) – jurisdictional issues – complaints – Agency officer names – no objection to disclosure of personal affairs information
Decision information
Date of decision: 27 October 2022 Applicant: 'EW7’ Agency: Victorian Building Authority Citation: 'EW7' and Victorian Building Authority (Freedom of Information) [2022] VICmr 235 (27 October 2022) Headnote: FREEDOM OF INFORMATION – investigations into municipal building practitioners – regulation and enforcement – Building Act 1993 (Vic) – jurisdictional issues – complaints – Agency officer names – no objection to disclosure of personal affairs information Sections in the FOI Act: 30, 31(1)(d), 32, 33(1) Download this file: EW7 and Victorian Building Authority Freedom of Information 2022 VICmr 235 27 October 2022 - PDF (2 MB) -
‘EW2’ and The Royal Victorian Eye and Ear Hospital (FreedomA of Information) [2022] VICmr 230 (21 October 2022)
FREEDOM OF INFORMATION – Executive Committee Paper – audits – patient complaints – draft documents – patient health information – third party health information – recommendations
Decision information
Date of decision: 21 October 2022 Applicant: 'EW2' Agency: Royal Victorian Eye and Ear Hospital Citation: 'EW2' and The Royal Victorian Eye and Ear Hospital (FreedomA of Information) [2022] VICmr 230 (21 October 2022) Headnote: FREEDOM OF INFORMATION – Executive Committee Paper – audits – patient complaints – draft documents – patient health information – third party health information – recommendations Sections in the FOI Act: 30, 33(1) Download this file: EW2 and The Royal Victorian Eye and Ear Hospital Freedom of Information 2022 VICmr 230 21 October 2022 - PDF (357 KB) -
‘EW3’ and Department of Health(Freedom of Information) [2022] VICmr 231 (17 October 2022)
FREEDOM OF INFORMATION – health infrastructure project – Alfred Health – Alfred Hospital redevelopment – Victorian Health Building Authority – building – Public-Private Partnership (PPP) – meeting minutes – steering committee – [section 49KA(2)(b)]
Decision information
Date of decision: 17 October 2022 Applicant: 'EW3' Agency: Department of Health Citation: 'EW3' and Department of Health(Freedom of Information) [2022] VICmr 231 (17 October 2022) Headnote: FREEDOM OF INFORMATION – health infrastructure project – Alfred Health – Alfred Hospital redevelopment – Victorian Health Building Authority – building – Public-Private Partnership (PPP) – meeting minutes – steering committee – [section 49KA(2)(b)] Sections in the FOI Act: 30 Download this file: EW3 and Department of Health Freedom of Information 2022 VICmr 231 17 October 2022 - PDF (506 KB) -
‘EV8’ and Yarra City Council (Freedom of Information) [2022] VICmr 226 (14 October 2022)
FREEDOM OF INFORMATION – council documents – community leisure centre fees and charges – councillor briefings – briefing reports – Local Government Act 2020 (Vic) – internal working documents – personal affairs information of Agency officers – names and position titles – disclosure not contrary to the public interest
Decision information
Date of decision: 14 October 2022 Applicant: 'EV8' Agency: Yarra City Council Citation: 'EV8' and Yarra City Council (Freedom of Information) [2022] VICmr 226 (14 October 2022) Headnote: FREEDOM OF INFORMATION – council documents – community leisure centre fees and charges – councillor briefings – briefing reports – Local Government Act 2020 (Vic) – internal working documents – personal affairs information of Agency officers – names and position titles – disclosure not contrary to the public interest Sections in the FOI Act: 30, 33(1), 38 Download this file: EV8 and Yarra City Council Freedom of Information 2022 VICmr 226 14 October 2022 - PDF (385 KB) -
‘EW1’ and Department of Families, Fairness and Housing (Freedom of Information) [2022] VICmr 228 (14 October 2022)
Decision information
Date of decision: 14 October 2022 Applicant: 'EW1' Agency: Department of Families, Fairness and Housing Citation: 'EW1' and Department of Families, Fairness and Housing (Freedom of Information) [2022] VICmr 228 (14 October 2022) Headnote: FREEDOM OF INFORMATION – meeting minutes and agendas – internal working documents – information communicated in confidence – Roadmap Implementation Ministerial Advisory Group Sections in the FOI Act: 30, 35(1)(a), 25 Download this file: EW1 and Department of Families Fairness and Housing Freedom of Information 2022 VICmr 228 14 October 2022 - PDF (828 KB) -
‘EV7’ and Major Transport Infrastructure Authority (Freedom of Information) [2022] VICmr 225 (13 October 2022)
FREEDOM OF INFORMATION – transport – major infrastructure project – Level Crossing Removal Project – noise reports and assessments – hydrogeological reports – ecology and groundwater – options appraisal – consultation on design options – internal working documents – disclosure not contrary to the public interest
Decision information
Date of decision: 13 October 2022 Applicant: 'EV7' Agency: Major Transport Infrastructure Authority Citation: 'EV7' and Major Transport Infrastructure Authority (Freedom of Information) [2022] VICmr 225 (13 October 2022) Headnote: FREEDOM OF INFORMATION – transport – major infrastructure project – Level Crossing Removal Project – noise reports and assessments – hydrogeological reports – ecology and groundwater – options appraisal – consultation on design options – internal working documents – disclosure not contrary to the public interest Sections in the FOI Act: 28(1)(b), 30, 25 Download this file: EV7 and Major Transport Infrastructure Authority Freedom of Information 2022 VICmr 225 13 October 2022 - PDF (564 KB) -
‘EV9’ and Horsham Rural City Council (Freedom of Information) [2022] VICmr 229 (13 October 2022)
Decision information
Date of decision: 13 October 2022 Applicant: 'EV9' Agency: Horsham Rural City Council Citation: 'EV9' and Horsham Rural City Council (Freedom of Information) [2022] VICmr 229 (13 October 2022) Headnote: FREEDOM OF INFORMATION – Council documents – [internal investigation] – personal affairs information of third parties, including agency officers – legal privilege Sections in the FOI Act: 30, 32, 33(1), 35(1)(b), 25 Download this file: EV9 and Horsham Rural City Council Freedom of Information 2022 VICmr 229 13 October 2022 - PDF (874 KB) -
Bass Coast Ratepayers and Residents Association Incorporated and Bass Coast Shire Council (Freedom of Information) [2022] VICmr 227 (12 October 2022)
FREEDOM OF INFORMATION – council documents – closed council meeting – waste management – contracts – tenders – Local Government Act 2020 (Vic) – Local Government Act 1989 (Vic)
Decision information
Date of decision: 12 October 2022 Applicant: Bass Coast Ratepayers and Residents Association Incorporated Agency: Bass Coast Shire Council Citation: Bass Coast Ratepayers and Residents Association Incorporated and Bass Coast Shire Council (Freedom of Information) [2022] VICmr 227 (12 October 2022) Headnote: FREEDOM OF INFORMATION – council documents – closed council meeting – waste management – contracts – tenders – Local Government Act 2020 (Vic) – Local Government Act 1989 (Vic) Sections in the FOI Act: 38 Download this file: Bass Coast Ratepayers and Residents Association Incorporated and Bass Coast Shire Council Freedom of Information 2022 VICmr 227 12 October 2022 - PDF (341 KB) -
‘EV6′ and Eastern Health (Freedom of Information) [2022] VICmr 224 (7 October 2022)
FREEDOM OF INFORMATION – cyber incident – cyber attack – post incident review – data security – internal working document – contrary to the public interest
Decision information
Date of decision: 7 October 2022 Applicant: 'EV6' Agency: Eastern Health Citation: ‘EV6' and Eastern Health (Freedom of Information) [2022] VICmr 224 (7 October 2022) Headnote: FREEDOM OF INFORMATION – cyber incident – cyber attack – post incident review – data security – internal working document – contrary to the public interest Sections in the FOI Act: 30 Download this file: EV6 and Eastern Health Freedom of Information 2022 VICmr 224 7 October 2022 - PDF (221 KB)