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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‘EY9’ and Department of Environment, Land, Water and Planning (Freedom of Information) [2022] VICmr 255 (30 December 2022)
FREEDOM OF INFORMATION – government policy development – Victorian Kangaroo Harvest Management Plan – wildlife management – environmental controls – public and stakeholder consultation – information provided in confidence – deliberation or decision of the Cabinet – draft briefing to a Minister – external consultant report – connection to Cabinet decision making process – decision making process not complete
Decision information
Date of decision: 30 December 2022 Applicant: 'EY9' Agency: Environment, Land, Water and Planning (DELWP) Citation: 'EY9' and Department of Environment, Land, Water and Planning (Freedom of Information) [2022] VICmr 255 (30 December 2022) Headnote: FREEDOM OF INFORMATION – government policy development – Victorian Kangaroo Harvest Management Plan – wildlife management – environmental controls – public and stakeholder consultation – information provided in confidence – deliberation or decision of the Cabinet – draft briefing to a Minister – external consultant report – connection to Cabinet decision making process – decision making process not complete Sections in the FOI Act: 30 Download this file: EY9 and Department of Environment Land Water and Planning Freedom of Information 2022 VICmr 255 30 December 2022 - PDF (261 KB) -
‘EY5’ and Department of Education and Training (Freedom of Information) [2022] VICmr 251 (22 December 2022)
FREEDOM OF INFORMATION – school incident – video footage – video recording – personal affairs information – personal affairs of students – editing of video footage – unreasonable to disclose certain information – practicable to edit
Decision information
Date of decision: 22 December 2022 Applicant: 'EY5' Agency: Department of Education Citation: 'EY5' and Department of Education and Training (Freedom of Information) [2022] VICmr 251 (22 December 2022) Headnote: FREEDOM OF INFORMATION – school incident – video footage – video recording – personal affairs information – personal affairs of students – editing of video footage – unreasonable to disclose certain information – practicable to edit Sections in the FOI Act: 33(1), 25 Download this file: EY5 and Department of Education and Training Freedom of Information 2022 VICmr 251 22 December 2022 - PDF (368 KB) -
‘EY6’ and Department of Health (Freedom of Information) [2022] VICmr 252 (22 December 2022)
FREEDOM OF INFORMATION – internal working documents – legal professional privilege – information provided in confidence – public interest considerations – referral of product to Therapeutic Goods Administration (TGA) – Food Standards Code – Food for Special Medical Purposes (FSMP)
Decision information
Date of decision: 22 December 2022 Applicant: 'EY6' Agency: Department of Health Citation: 'EY6' and Department of Health (Freedom of Information) [2022] VICmr 252 (22 December 2022) Headnote: FREEDOM OF INFORMATION – internal working documents – legal professional privilege – information provided in confidence – public interest considerations – referral of product to Therapeutic Goods Administration (TGA) – Food Standards Code – Food for Special Medical Purposes (FSMP) Sections in the FOI Act: 30, 32, 35(1)(a) Download this file: EY6 and Department of Health Freedom of Information 2022 VICmr 252 22 December 2022 - PDF (557 KB) -
‘EY4’ and Department of Treasury and Finance, on behalf of Invest Victoria (Freedom of Information) [2022] VICmr 250 (22 December 2022)
Decision information
Date of decision: 22 December 2022 Applicant: 'EY4' Agency: Department of Treasury and Finance (DTF) Citation: 'EY4' and Department of Treasury and Finance, on behalf of Invest Victoria (Freedom of Information) [2022] VICmr 250 (22 December 2022) Headnote: FREEDOM OF INFORMATION – Invest Victoria – urban air mobility – advanced air mobility – blueprint –external consultant – business, commercial or financial information – agency engaged in trade or commerce – agency not exposed unreasonably to disadvantage Sections in the FOI Act: 30, 34(4)(a)(ii) Download this file: EY4 and Department of Treasury and Finance on behalf of Invest Victoria Freedom of Information 2022 VICmr 250 22 December 2022 - PDF (355 KB) -
‘EY1’ and Hobsons Bay City Council (Freedom of Information) [2022] VICmr 247 (22 December 2022)
Decision information
Date of decision: 22 December 2022 Applicant: 'EY1' Agency: Hobsons Bay City Council Citation: 'EY1' and Hobsons Bay City Council (Freedom of Information) [2022] VICmr 247 (22 December 2022) Headnote: FREEDOM OF INFORMATION – council documents – local government – complaint – dispute – personal affairs information – disclosure unreasonable – information provided in confidence – disclosure contrary to the public interest Sections in the FOI Act: 33(1), 35(1)(b), 25 Download this file: EY1 and Hobsons Bay City Council Freedom of Information 2022 VICmr 247 22 December 2022 - PDF (1,018 KB) -
‘EY3’ and Ambulance Victoria (Freedom of Information) [2022] VICmr 249 (22 December 2022)
Decision information
Date of decision: 22 December 2022 Applicant: 'EY3' Agency: Ambulance Victoria Citation: 'EY3' and Ambulance Victoria (Freedom of Information) [2022] VICmr 249 (22 December 2022) Headnote: FREEDOM OF INFORMATION – workplace relations – termination of employment – personal affairs information – internal working documents – release not contrary to public interest Sections in the FOI Act: 30, 33(1), 35(1)(b), 25 Download this file: EY3 and Ambulance Victoria Freedom of Information 2022 VICmr 249 22 December 2022 - PDF (1 MB) -
‘EY2’ and RMIT University (Freedom of Information) [2022] VICmr 248 (21 December 2022)
FREEDOM OF INFORMATION – higher education examination and assessment – PhD – assessment of thesis – university examiner – qualifications – curriculum vitae – resume – personal affairs information of a third party – disclosure unreasonable
Decision information
Date of decision: 21 December 2022 Applicant: 'EY2' Agency: RMIT University Citation: 'EY2' and RMIT University (Freedom of Information) [2022] VICmr 248 (21 December 2022) Headnote: FREEDOM OF INFORMATION – higher education examination and assessment – PhD – assessment of thesis – university examiner – qualifications – curriculum vitae – resume – personal affairs information of a third party – disclosure unreasonable Sections in the FOI Act: 33(1), 35(1)(b) Download this file: EY2 and RMIT University Freedom of Information 2022 VICmr 248 21 December 2022 - PDF (244 KB) -
‘EX8’ and City of Melbourne (Freedom of Information) [2022] VICmr 245 (19 December 2022)
FREEDOM OF INFORMATION – council documents – local government – whether a local government agency is a ‘government of the State’ – Future Melbourne Committee – Sister City Relationship –– communications with foreign States – international relations – Saint Petersburg, Russia – internal deliberations – public interest considerations – Interpretation of Legislation Act 1984 (Vic) – Constitution Act 1975 (Vic)
Decision information
Date of decision: 19 December 2022 Applicant: 'EX8' Agency: City of Melbourne Citation: 'EX8' and City of Melbourne (Freedom of Information) [2022] VICmr 245 (19 December 2022) Headnote: FREEDOM OF INFORMATION – council documents – local government – whether a local government agency is a ‘government of the State’ – Future Melbourne Committee – Sister City Relationship –– communications with foreign States – international relations – Saint Petersburg, Russia – internal deliberations – public interest considerations – Interpretation of Legislation Act 1984 (Vic) – Constitution Act 1975 (Vic) Sections in the FOI Act: 29(1)(b), 30, 33(1), 35(1)(b) Download this file: EX8 and City of Melbourne Freedom of Information 2022 VICmr 245 19 December 2022 - PDF (953 KB) -
‘EX9’ and City of Darebin (Freedom of Information) [2022] VICmr 246 (19 December 2022)
FREEDOM OF INFORMATION – council documents – local government – sale of land – land acquisition – VicRoads – [external Victorian Government agency] – interagency negotiations – information obtained from external government agency – town planning advice – land valuation – fee proposals – legal advice
Decision information
Date of decision: 19 December 2022 Applicant: 'EX9' Agency: Darebin City Council Citation: 'EX9' and City of Darebin (Freedom of Information) [2022] VICmr 246 (19 December 2022) Headnote: FREEDOM OF INFORMATION – council documents – local government – sale of land – land acquisition – VicRoads – [external Victorian Government agency] – interagency negotiations – information obtained from external government agency – town planning advice – land valuation – fee proposals – legal advice Sections in the FOI Act: 30, 32, 33(1), 34(1)(b), 35(1)(a), 38 Download this file: EX9 and City of Darebin Freedom of Information 2022 VICmr 246 19 December 2022 - PDF (10 MB) -
‘FI9’ and the Transport Accident Commission (Freedom of Information) [2023] VICmr 256 (19 December 2022)
FREEDOM OF INFORMATION – traffic accident compensation scheme – internal working documents – documents prepared by an external party – disclosure contrary to public interest – secrecy provision – Road Safety Act 1986 (Vic) – Victorian Police Act 2013 (Vic)
Decision information
Date of decision: 19 December 2022 Applicant: 'FI9' Agency: Transport Accident Commission Citation: ‘FI9’ and the Transport Accident Commission (Freedom of Information) [2023] VICmr 256 (19 December 2022) Headnote: FREEDOM OF INFORMATION – traffic accident compensation scheme – internal working documents – documents prepared by an external party - disclosure contrary to public interest – secrecy provision – Road Safety Act 1986 (Vic) – Victorian Police Act 2013 (Vic) Sections in the FOI Act: 30, 38 Download this file: ‘FI9 and the Transport Accident Commission Freedom of Information 2023 VICmr 256 19 December 2022 - PDF (499 KB) -
‘FJ3’ and Veterinary Practitioners Registration Board of Victoria (Freedom of Information) [2023] VICmr 257 (16 December 2022)
FREEDOM OF INFORMATION – regulatory document –registered professional – allegations – alleged misconduct – investigation– disclosure would prejudice the agency’s enforcement and proper administration of the law – section 77(1) of the Veterinary Practice Act 1997, not a secrecy provision for the purpose of section 38 of the FOI Act
Decision information
Date of decision: 16 December 2022 Applicant: 'FJ3' Agency: Veterinary Practitioners Registration Board of Victoria Citation: 'FJ3' and Veterinary Practitioners Registration Board of Victoria (Freedom of Information) [2023] VICmr 257 (16 December 2022) Headnote: FREEDOM OF INFORMATION – regulatory document –registered professional – allegations – alleged misconduct – investigation– disclosure would prejudice the agency’s enforcement and proper administration of the law – section 77(1) of the Veterinary Practice Act 1997, not a secrecy provision for the purpose of section 38 of the FOI Act Sections in the FOI Act: 31(1)(a), 38 Download this file: FJ3 and Veterinary Practitioners Registration Board of Victoria Freedom of Information 2023 VICmr 257 16 December 2022 - PDF (227 KB) -
‘EX7′ and City of Stonnington (Freedom of Information) [2022] VICmr 244 (9 December 2022)
FREEDOM OF INFORMATION – council documents – maintenance records – internal working documents – disclosure not contrary to public interest
Decision information
Date of decision: 9 December 2022 Applicant: 'EX7' Agency: City of Stonnington Citation: ‘EX7' and City of Stonnington (Freedom of Information) [2022] VICmr 244 (9 December 2022) Headnote: FREEDOM OF INFORMATION – council documents – maintenance records – internal working documents – disclosure not contrary to public interest Sections in the FOI Act: 30, 25 Download this file: ‘EX7 and City of Stonnington Freedom of Information 2022 VICmr 244 9 December 2022 - PDF (3 MB) -
‘EX6’ and Department of Health (Freedom of Information) [2022] VICmr 243 (8 December 2022)
FREEDOM OF INFORMATION – COVID-19 pandemic – Cabinet documents – National Cabinet – briefing – internal working documents – legal advice – legal professional privilege – documents containing matter communicated by any other State – documents prepared by the Australian Health Protection Principal Committee – whether deleted information is irrelevant to freedom of information request
Decision information
Date of decision: 8 December 2022 Applicant: 'EX6' Agency: Department of Health Citation: 'EX6' and Department of Health (Freedom of Information) [2022] VICmr 243 (8 December 2022) Headnote: FREEDOM OF INFORMATION – COVID-19 pandemic – Cabinet documents – National Cabinet – briefing – internal working documents – legal advice - legal professional privilege – documents containing matter communicated by any other State – documents prepared by the Australian Health Protection Principal Committee – whether deleted information is irrelevant to freedom of information request Sections in the FOI Act: 28(1)(d), 29(1)(a), 29(1)(b), 30, 32 Download this file: EX6 and Department of Health Freedom of Information 2022 VICmr 243 8 December 2022 - PDF (893 KB)