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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‘FC8’ and Department of Premier and Cabinet (Freedom of Information) [2023] VICmr 34 (27 April 2023)
FREEDOM OF INFORMATION – complaints – government agencies – personal affairs information of agency officers – disclosure of certain information not unreasonable
Decision information
Date of decision: 27 April 2023 Applicant: 'FC8' Agency: Department of Premier and Cabinet (DPC) Citation: 'FC8' and Department of Premier and Cabinet (Freedom of Information) [2023] VICmr 34 (27 April 2023) Headnote: FREEDOM OF INFORMATION – complaints – government agencies – personal affairs information of agency officers – disclosure of certain information not unreasonable Sections in the FOI Act: 33(1), 25 Download this file: FC8 and Department of Premier and Cabinet Freedom of Information 2023 VICmr 34 27 April 2023 - PDF (561 KB) -
‘FC9’ and Hepburn Shire Council (Freedom of Information) [2023] VICmr 35 (27 April 2023)
Decision information
Date of decision: 27 April 2023 Applicant: 'FC9' Agency: Hepburn Shire Council Citation: 'FC9' and Hepburn Shire Council (Freedom of Information) [2023] VICmr 35 (27 April 2023) Headnote: FREEDOM OF INFORMATION – council documents – residential report – engineer’s report – dispute between neighbours – disclosure of complainant’s name unreasonable – personal affairs information of third parties Sections in the FOI Act: 33(1), 25 Download this file: FC9 and Hepburn Shire Council Freedom of Information 2023 VICmr 35 27 April 2023 - PDF (379 KB) -
‘FD1’ and Department of Health (Freedom of Information) [2023] VICmr 36 (26 April 2023)
FREEDOM OF INFORMATION – cemetery trust –– Cemeteries and Crematoria Act 2003 (Vic) – development works – costs plan – abstract of accounts – cemetery trust not engaged in trade or commerce
Decision information
Date of decision: 26 April 2023 Applicant: ‘FD1’ Agency: Department of Health (DOH) Citation: 'FD1' and Department of Health (Freedom of Information) [2023] VICmr 36 (26 April 2023) Headnote: FREEDOM OF INFORMATION – cemetery trust –– Cemeteries and Crematoria Act 2003 (Vic) – development works – costs plan – abstract of accounts – cemetery trust not engaged in trade or commerce Sections in the FOI Act: 34(1)(b), 35(1)(a), 35(1)(b) Download this file: FD1 and Department of Health Freedom of Information 2023 VICmr 36 26 April 2023 - PDF (476 KB) -
‘FC6’ and Victoria Police (Freedom of Information) [2023] VICmr 32 (21 April 2023)
FREEDOM OF INFORMATION – law enforcement documents – police records – Law Enforcement Assistance Program (LEAP) – incident report – CCTV footage – body-worn camera footage – police investigation – alleged criminal offence – personal affairs information of third party – unreasonable disclosure of personal affairs information – internal working documents – contrary to public interest – information communicated in confidence – reasonably impair agency to obtain similar information – secrecy provision – Surveillance Devices Act 1999 (Vic)
Decision information
Date of decision: 21 April 2023 Applicant: 'FC6' Agency: Victoria Police Citation: 'FC6' and Victoria Police (Freedom of Information) [2023] VICmr 32 (21 April 2023) Headnote: FREEDOM OF INFORMATION – law enforcement documents – police records – Law Enforcement Assistance Program (LEAP) – incident report – CCTV footage – body-worn camera footage – police investigation – alleged criminal offence – personal affairs information of third party – unreasonable disclosure of personal affairs information – internal working documents – contrary to public interest – information communicated in confidence – reasonably impair agency to obtain similar information – secrecy provision – Surveillance Devices Act 1999 (Vic) Sections in the FOI Act: 30, 31(1)(a), 31(1)(d), 33(1), 35(1)(b), 38 Download this file: FC6 and Victoria Police Freedom of Information 2023 VICmr 32 21 April 2023 - PDF (928 KB) -
‘FC7’ and Major Transport Infrastructure Authority (Freedom of Information) [2023] VICmr 33 (21 April 2023)
Decision information
Date of decision: 21 April 2023 Applicant: 'FC7' Agency: Major Transport Infrastructure Authority Citation: 'FC7' and Major Transport Infrastructure Authority (Freedom of Information) [2023] VICmr 33 (21 April 2023) Headnote: FREEDOM OF INFORMATION – infrastructure planning – major transport infrastructure project – internal communications – early stages of planning process – disclosure contrary to the public interest Sections in the FOI Act: 30 Download this file: FC7 and Major Transport Infrastructure Authority Freedom of Information 2023 VICmr 33 21 April 2023 - PDF (655 KB) -
‘FC3’ and Mental Health Tribunal (Freedom of Information) [2023] VICmr 29 (20 April 2023)
FREEDOM OF INFORMATION – Mental Health Tribunal – draft statement of reasons – emails – internal working documents – data protection breach notification – contrary to the public interest – personal affairs information – secrecy provision
Decision information
Date of decision: 20 April 2023 Applicant: 'FC3' Agency: Mental Health Tribunal Citation: 'FC3' and Mental Health Tribunal (Freedom of Information) [2023] VICmr 29 (20 April 2023) Headnote: FREEDOM OF INFORMATION – Mental Health Tribunal – draft statement of reasons – emails – internal working documents – data protection breach notification – contrary to the public interest – personal affairs information – secrecy provision Sections in the FOI Act: 30, 33(1), 38 Download this file: FC3 and Mental Health Tribunal Freedom of Information 2023 VICmr 29 20 April 2023 - PDF (3 MB) -
‘FC2’ and Victoria Police (Freedom of Information) [2023] VICmr 28 (20 April 2023)
Decision information
Date of decision: 20 April 2023 Applicant: 'FC2' Agency: Victoria Police Citation: ‘FC2’ and Victoria Police (Freedom of Information) [2023] VICmr 28 (20 April 2023) Headnote: FREEDOM OF INFORMATION – police documents – witness statements – property damage – insurance –personal affairs information – unreasonable disclosure of personal affairs information – information obtained in confidence – disclosure would impair agency’s ability to obtain similar information Sections in the FOI Act: 33(1), 35(1)(b) Download this file: ‘FC2 and Victoria Police Freedom of Information 2023 VICmr 28 20 April 2023 - PDF (491 KB) -
‘FC1’ and Department of Energy, Environment, and Climate Change (Freedom of Information) [2023] VICmr 27 (14 April 2023)
FREEDOM OF INFORMATION – Victorian Building Authority (VBA) – regulatory agency – Building Act 1993 (Vic) – statutory functions and obligations – construction industry – building industry – report – research – building and plumbing work faults – non-compliant building and plumbing works
Decision information
Date of decision: 14 April 2023 Applicant: 'FC1' Agency: Department of Energy, Environment and Climate Action (DEECA) Citation: 'FC1' and Department of Energy, Environment, and Climate Change (Freedom of Information) [2023] VICmr 27 (14 April 2023) Headnote: FREEDOM OF INFORMATION – Victorian Building Authority (VBA) – regulatory agency – Building Act 1993 (Vic) – statutory functions and obligations – construction industry – building industry – report – research – building and plumbing work faults – non-compliant building and plumbing works Sections in the FOI Act: 30, 35(1)(b) Download this file: FC1 and Department of Energy Environment and Climate Change Freedom of Information 2023 VICmr 27 14 April 2023 - PDF (309 KB) -
‘FB8’ and Glen Eira City Council (Freedom of Information) [2023] VICmr 25 (6 April 2023)
FREEDOM OF INFORMATION – council documents – substantial and unreasonable diversion of Agency resources – survey responses
Decision information
Date of decision: 6 April 2023 Applicant: 'FB8' Agency: Glen Eira City Council Citation: 'FB8' and Glen Eira City Council (Freedom of Information) [2023] VICmr 25 (6 April 2023) Headnote: FREEDOM OF INFORMATION – council documents – substantial and unreasonable diversion of Agency resources – survey responses Sections in the FOI Act: 25A(1) Download this file: FB8 and Glen Eira City Council Freedom of Information 2023 VICmr 25 6 April 2023 - PDF (236 KB) -
‘FB4’ and Moonee Valley City Council (Freedom of Information) [2023] VICmr 21 (5 April 2023)
FREEDOM OF INFORMATION – local government – regulatory role and powers – planning permit – noise complaint – infringement notice – internal appeal process – third party personal affairs information – internal working documents – correspondence between agency officers
Decision information
Date of decision: 5 April 2023 Applicant: 'FB4' Agency: Moonee Valley City Council Citation: 'FB4' and Moonee Valley City Council (Freedom of Information) [2023] VICmr 21 (5 April 2023) Headnote: FREEDOM OF INFORMATION – local government – regulatory role and powers – planning permit – noise complaint – infringement notice – internal appeal process – third party personal affairs information – internal working documents – correspondence between agency officers Sections in the FOI Act: 30, 32, 33(1), 34(1)(b), 25 Download this file: FB4and Moonee Valley City Council Freedom of Information 2023 VICmr 21 5 April 2023 - PDF (995 KB) -
‘FB5’ and Department of Education (Freedom of Information) [2023] VICmr 22 (5 April 2023)
FREEDOM OF INFORMATION – school records – allegations of historic sexual abuse – school photographs
– misconduct reports – allegations involving staff members – personal affairs information – documents affecting personal privacy of third partiesDecision information
Date of decision: 5 April 2023 Applicant: 'FB5' Agency: Department of Education Citation: 'FB5' and Department of Education (Freedom of Information) [2023] VICmr 22 (5 April 2023) Headnote: FREEDOM OF INFORMATION – school records – allegations of historic sexual abuse – school photographs – misconduct reports – allegations involving staff members – personal affairs information – documents affecting personal privacy of third parties Sections in the FOI Act: 33(1), 25 Download this file: FB5 and Department of Education Freedom of Information 2023 VICmr 22 5 April 2023 - PDF (241 KB) -
‘FB6’ and Department of Families, Fairness and Housing (Freedom of Information) [2023] VICmr 23 (4 April 2023)
FREEDOM OF INFORMATION – Child Protection documents – parent seeking access to documents – refusal to process FOI request – prejudice proper administration of the law – personal affairs information – secrecy provision – confidentiality provision – Children, Youth and Families Act 2005 (Vic)
Decision information
Date of decision: 4 April 2023 Applicant: 'FB6' Agency: Department of Families, Fairness and Housing Citation: 'FB6' and Department of Families, Fairness and Housing (Freedom of Information) [2023] VICmr 23 (4 April 2023) Headnote: FREEDOM OF INFORMATION – Child Protection documents – parent seeking access to documents – refusal to process FOI request – prejudice proper administration of the law – personal affairs information – secrecy provision – confidentiality provision – Children, Youth and Families Act 2005 (Vic) Sections in the FOI Act: 25A(5), 31(1)(a), 33(1), 38 Download this file: FB6 and Department of Families Fairness and Housing Freedom of Information 2023 VICmr 23 4 April 2023 - PDF (301 KB)