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.
-
‘EX5’ and Department of Treasury and Finance (Freedom of Information) [2022] VICmr 242 (30 November 2022)
Decision information
Date of decision: 30 November 2022 Applicant: 'EX5' Agency: Department of Treasury and Finance (DTF) Citation: 'EX5' and Department of Treasury and Finance (Freedom of Information) [2022] VICmr 242 (30 November 2022) Headnote: FREEDOM OF INFORMATION – ministerial briefing – brief – Native Title compensation – Traditional Owner Settlement Act 2010 (Vic) – internal working documents – deliberation or decision of the Cabinet – public interest in disclosure of information – varied decision Sections in the FOI Act: 28(1)(d), 30 Download this file: EX5 and Department of Treasury and Finance Freedom of Information 2022 VICmr 242 30 November 2022 - PDF (425 KB) -
‘EX2’ and City of Port Phillip (Freedom of Information) [2022] VICmr 239 (22 November 2022)
FREEDOM OF INFORMATION – tree root damage to dwelling – removal of trees – public liability insurance – correspondence with public liability and professional indemnity insurer – dominant purpose test
Decision information
Date of decision: 22 November 2022 Applicant: 'EX2' Agency: Port Phillip City Council Citation: 'EX2' and City of Port Phillip (Freedom of Information) [2022] VICmr 239 (22 November 2022) Headnote: FREEDOM OF INFORMATION – tree root damage to dwelling – removal of trees – public liability insurance – correspondence with public liability and professional indemnity insurer – dominant purpose test Sections in the FOI Act: 32 Download this file: EX2 and City of Port Phillip Freedom of Information 2022 VICmr 239 22 November 2022 - PDF (2 MB) -
‘EX3’ and Department of Transport (Freedom of Information) [2022] VICmr 240 (21 November 2022)
FREEDOM OF INFORMATION – ministerial briefings – Strategic Plan – communications with the Commonwealth government – letters to Councillors – funding requests – rail infrastructure – Clyde Rail Extension – rail infrastructure project plan – Metropolitan Partnership Integrated Transport Frameworks – preliminary business case – Baxter Electrification Preliminary Business Case
Decision information
Date of decision: 21 November 2022 Applicant: 'EX3' Agency: Department of Transport and Planning (DTP) Citation: 'EX3' and Department of Transport (Freedom of Information) [2022] VICmr 240 (21 November 2022) Headnote: FREEDOM OF INFORMATION – ministerial briefings – Strategic Plan – communications with the Commonwealth government – letters to Councillors – funding requests – rail infrastructure – Clyde Rail Extension – rail infrastructure project plan – Metropolitan Partnership Integrated Transport Frameworks – preliminary business case – Baxter Electrification Preliminary Business Case Sections in the FOI Act: 25, 28(1)(ba), 28(1)(d), 30, 34(4)(a)(ii) Download this file: EX3 and Department of Transport Freedom of Information 2022 VICmr 240 21 November 2022 - PDF (341 KB) -
‘EX1’ and Chisholm Institute (Freedom of Information) [2022] VICmr 238 (18 November 2022)
FREEDOM OF INFORMATION – Australian Skills Quality Authority – complaint evidence analysis – regulation – Technical and Further Education (TAFE) – vocational education and training (VET) – Registered Training Organisations – National Vocational Education and Training Regulator Act 2011 (Cth) – Standards for Registered Training Organisations (RTOs) 2015 (Cth)
Decision information
Date of decision: 18 November 2022 Applicant: 'EX1' Agency: Chisholm Institute Citation: 'EX1' and Chisholm Institute (Freedom of Information) [2022] VICmr 238 (18 November 2022) Headnote: FREEDOM OF INFORMATION – Australian Skills Quality Authority – complaint evidence analysis – regulation – Technical and Further Education (TAFE) – vocational education and training (VET) – Registered Training Organisations – National Vocational Education and Training Regulator Act 2011 (Cth) – Standards for Registered Training Organisations (RTOs) 2015 (Cth) Sections in the FOI Act: 29(1)(b) Download this file: EX1 and Chisholm Institute Freedom of Information 2022 VICmr 238 18 November 2022 - PDF (237 KB) -
‘EW9’ and University of Melbourne (Freedom of Information) [2022] VICmr 237 (17 November 2022)
FREEDOM OF INFORMATION – university veterinarian clinic – treatment records – letters addressed to applicant – documents created approximately [number] years ago – personal affairs information
Decision information
Date of decision: 17 November 2022 Applicant: 'EW9' Agency: University of Melbourne Citation: 'EW9' and University of Melbourne (Freedom of Information) [2022] VICmr 237 (17 November 2022) Headnote: FREEDOM OF INFORMATION – university veterinarian clinic – treatment records – letters addressed to applicant – documents created approximately [number] years ago – personal affairs information Sections in the FOI Act: 33(1) Download this file: EW9 and University of Melbourne Freedom of Information 2022 VICmr 237 17 November 2022 - PDF (298 KB) -
‘EW8’ and Victoria Police (Freedom of Information) [2022] VICmr 236 (17 November 2022)
FREEDOM OF INFORMATION – law enforcement documents – police records – Law Enforcement Assistance Program (LEAP) database – LEAP audit – list of agency officers who accessed LEAP database – [ Agency officer names – identification numbers – registered numbers – release of personal affairs information not unreasonable ]
Decision information
Date of decision: 17 November 2022 Applicant: 'EW8' Agency: Victoria Police Citation: 'EW8' and Victoria Police (Freedom of Information) [2022] VICmr 236 (17 November 2022) Headnote: FREEDOM OF INFORMATION – law enforcement documents – police records – Law Enforcement Assistance Program (LEAP) database – LEAP audit – list of agency officers who accessed LEAP database – [ Agency officer names – identification numbers – registered numbers – release of personal affairs information not unreasonable ] Sections in the FOI Act: 33(1) Download this file: EW8 and Victoria Police Freedom of Information 2022 VICmr 236 17 November 2022 - PDF (224 KB) -
‘EW6’ and Development Victoria (Freedom of Information) [2022] VICmr 234 (8 November 2022)
FREEDOM OF INFORMATION – text messages – SMS – information communicated in confidence – internal working documents – personal affairs information of Agency officers
Decision information
Date of decision: 8 November 2022 Applicant: 'EW6' Agency: Development Victoria Citation: 'EW6' and Development Victoria (Freedom of Information) [2022] VICmr 234 (8 November 2022) Headnote: FREEDOM OF INFORMATION – text messages – SMS – information communicated in confidence – internal working documents – personal affairs information of Agency officers Sections in the FOI Act: 30, 33(1), 35(1)(a), 35(1)(b), 25 Download this file: EW6 and Development Victoria Freedom of Information 2022 VICmr 234 8 November 2022 1 - PDF (632 KB)