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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‘FA2’ and Victoria Police (Freedom of Information) [2023] VICmr 11 (21 February 2023)
FREEDOM OF INFORMATION – police documents – details of persons involved – police attendance – Electronic Patrol Duty Return – ePDR – personal affairs information
Decision information
Date of decision: 21 February 2023 Applicant: 'FA2' Agency: Victoria Police Citation: 'FA2' and Victoria Police (Freedom of Information) [2023] VICmr 11 (21 February 2023) Headnote: FREEDOM OF INFORMATION – police documents – details of persons involved – police attendance – Electronic Patrol Duty Return – ePDR – personal affairs information Sections in the FOI Act: 33(1) Download this file: FA2 and Victoria Police Freedom of Information 2023 VICmr 11 21 February 2023 - PDF (228 KB) -
‘FA1’ and Victorian WorkCover Authority (Freedom of Information) [2023] VICmr 10 (21 February 2023)
FREEDOM OF INFORMATION – workplace injury – regulatory investigation – legal professional privilege – witness statements – summary brief and supporting documents – Occupational Health and Safety Act 2004 (Vic)
Decision information
Date of decision: 21 February 2023 Applicant: 'FA1' Agency: Victorian WorkCover Authority (t/a WorkSafe) Citation: 'FA1' and Victorian WorkCover Authority (Freedom of Information) [2023] VICmr 10 (21 February 2023) Headnote: FREEDOM OF INFORMATION – workplace injury – regulatory investigation – legal professional privilege – witness statements – summary brief and supporting documents – Occupational Health and Safety Act 2004 (Vic) Sections in the FOI Act: 32, 30 Download this file: FA1 and Victorian WorkCover Authority Freedom of Information 2023 VICmr 10 21 February 2023 - PDF (777 KB) -
‘EZ8’ and Glen Eira City Council (Freedom of Information) [2023] VICmr 8 (16 February 2023)
Decision information
Date of decision: 16 February 2023 Applicant: 'EZ8' Agency: Glen Eira City Council Citation: 'EZ8' and Glen Eira City Council (Freedom of Information) [2023] VICmr 8 (16 February 2023) Headnote: FREEDOM OF INFORMATION – local council – local government – tender documents – tender evaluation – infrastructure project – [details of project] redevelopment – closed session of council – council meeting minutes – secrecy provision – Local Government Act 2020 (Vic) Sections in the FOI Act: 25A(5), 38 Download this file: EZ8 and Glen Eira City Council Freedom of Information 2023 VICmr 8 16 February 2023 - PDF (235 KB) -
‘EZ6’ and Parks Victoria (Freedom of Information) [2023] VICmr 6 (16 February 2023)
FREEDOM OF INFORMATION – business case – internal working document – costing and analysis – external consultant report – disclosure not contrary to public interest– agency not engaged in trade or commerce – disclosure would not expose the Agency unreasonably to disadvantage
Decision information
Date of decision: 16 February 2023 Applicant: 'EZ6' Agency: Parks Victoria Citation: 'EZ6' and Parks Victoria (Freedom of Information) [2023] VICmr 6 (16 February 2023) Headnote: FREEDOM OF INFORMATION – business case – internal working document – costing and analysis – external consultant report – disclosure not contrary to public interest– agency not engaged in trade or commerce – disclosure would not expose the Agency unreasonably to disadvantage Sections in the FOI Act: 30, 34(4)(a)(ii), 36(1)(b), 33(1) Download this file: EZ6 and Parks Victoria Freedom of Information 2023 VICmr 6 16 February 2023 - PDF (444 KB) -
‘EZ7′ and City of Ballarat (Freedom of Information) [2023] VICmr 7 (14 February 2023)
Decision information
Date of decision: 14 February 2023 Applicant: 'EZ7' Agency: Ballarat City Council Citation: ‘EZ7' and City of Ballarat (Freedom of Information) [2023] VICmr 7 (14 February 2023) Headnote: FREEDOM OF INFORMATION – staff survey – staff satisfaction results – disclosure of information provided to agency in confidence contrary to the public interest – verbatim survey responses – third party personal affairs information – disclosure would impair the agency’s ability to obtain similar information in the future Sections in the FOI Act: 33(1), 35(1)(b) Download this file: ‘EZ7 and City of Ballarat Freedom of Information 2023 VICmr 7 14 February 2023 - PDF (424 KB) -
‘EZ5’ and Kingston City Council (Freedom of Information) [2023] VICmr 5 (10 February 2023)
Decision information
Date of decision: 10 February 2023 Applicant: 'EZ5' Agency: Kingston City Council Citation: 'EZ5' and Kingston City Council (Freedom of Information) [2023] VICmr 5 (10 February 2023) Headnote: FREEDOM OF INFORMATION – council documents – correspondence – [item] removal – third party property owner – personal affairs information – local government regulatory information – disclosure of regulatory information not unreasonable – disclosure of personal affairs information unreasonable Sections in the FOI Act: 33(1), 25 Download this file: EZ5 and Kingston City Council Freedom of Information 2023 VICmr 5 10 February 2023 - PDF (451 KB) -
‘EZ4’ and Department of Treasury and Finance (Freedom of Information) [2023] VICmr 4 (7 February 2023)
FREEDOM OF INFORMATION – Ministerial briefings – cabinet documents – commercial agreements – Melbourne Airport Rail Early Works – funding request – Royal Melbourne Hospital acute mental health beds – Commonwealth Road Safety Program – Tiered Infringement Model for industry
Decision information
Date of decision: 7 February 2023 Applicant: 'EZ4' Agency: Department of Treasury and Finance (DTF) Citation: 'EZ4' and Department of Treasury and Finance (Freedom of Information) [2023] VICmr 4 (7 February 2023) Headnote: FREEDOM OF INFORMATION – Ministerial briefings – cabinet documents – commercial agreements – Melbourne Airport Rail Early Works – funding request – Royal Melbourne Hospital acute mental health beds – Commonwealth Road Safety Program – Tiered Infringement Model for industry Sections in the FOI Act: 28(1)(ba), 28(1)(d), 34(1)(b), 34(4)(a)(ii) Download this file: EZ4 and Department of Treasury and Finance Freedom of Information 2023 VICmr 4 7 February 2023 - PDF (644 KB)