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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‘FF1’ and Department of Justice and Community Safety (Freedom of Information) [2023] VICmr 54 (31 May 2023)
Decision information
Date of decision: 31 May 2023 Applicant: 'FF1' Agency: Department of Justice and Community Safety (DJCS) Citation: 'FF1' and Department of Justice and Community Safety (Freedom of Information) [2023] VICmr 54 (31 May 2023) Headnote: FREEDOM OF INFORMATION – Corrections Victoria – person on parole – bail conditions – mobile phone images – refusal to process request on grounds that all documents would be exempt – investigation of a possible contravention of the law – secrecy provision – offender management – Corrections Act 1986 (Vic) Sections in the FOI Act: 25A(5), 38 Download this file: FF1 and Department of Justice and Community Safety Freedom of Information 2023 VICmr 54 31 May 2023 - PDF (314 KB) -
‘FE5’ and Victoria Police (Freedom of Information) [2023] VICmr 49 (25 May 2023)
Decision information
Date of decision: 25 May 2023 Applicant: 'FE5' Agency: Victoria Police Citation: 'FE5' and Victoria Police (Freedom of Information) [2023] VICmr 49 (25 May 2023) Headnote: FREEDOM OF INFORMATION – Police record – Law Enforcement Assistance Program (LEAP) – Person History Report – opinion – personal affairs information – law enforcement document – prejudice proper administration of the law Sections in the FOI Act: 30, 33(1), 31(1)(d) Download this file: FE5 and Victoria Police Freedom of Information 2023 VICmr 49 25 May 2023 - PDF (443 KB) -
‘FE6’ and Hume City Council (Freedom of Information) [2023] VICmr 50 (25 May 2023)
Decision information
Date of decision: 25 May 2023 Applicant: 'FE6' Agency: Hume City Council Citation: 'FE6' and Hume City Council (Freedom of Information) [2023] VICmr 50 (25 May 2023) Headnote: FREEDOM OF INFORMATION – personal affairs information – telephone bill – council communications – unreasonable disclosure – third party telephone numbers Sections in the FOI Act: 33(1), 25 Download this file: FE6 and Hume City Council Freedom of Information 2023 VICmr 50 25 May 2023 - PDF (349 KB) -
‘FE2’ and Department of Jobs, Precincts and Regions (Freedom of Information) [2023] VICmr 46 (25 May 2023)
Decision information
Date of decision: 25 May 2023 Applicant: 'FE2' Agency: Department of Jobs, Skills, Industry and Regions (DJSIR) Citation: 'FE2' and Department of Jobs, Precincts and Regions (Freedom of Information) [2023] VICmr 46 (25 May 2023) Headnote: FREEDOM OF INFORMATION – Cabinet documents – ministerial briefs – recommendations made to a Minister – matters of a business, commercial or financial nature – disclosure would not expose undertaking unreasonably to disadvantage – disclosure would not expose agency unreasonably to disadvantage – legal professional privilege – not all privileged information Sections in the FOI Act: 28(1)(d), 32, 33(1), 34(1)(b), 34(4)(a)(ii) Download this file: FE2 and Department of Jobs Precincts and Regions Freedom of Information 2023 VICmr 46 25 May 2023 - PDF (859 KB) -
‘FE3’ and Department of Health (Freedom of Information) [2023] VICmr 47 (24 May 2023)
Decision information
Date of decision: 24 May 2023 Applicant: 'FE3' Agency: Department of Health Citation: 'FE3' and Department of Health (Freedom of Information) [2023] VICmr 47 (24 May 2023) Headnote: FREEDOM OF INFORMATION – COVID-19 – schools – survey responses – external research report – air filters – Rapid Antigen Testing – Ministerial briefing – issues to be considered by Cabinet – disclosure not contrary to the public interest – information provided in confidence – personal affairs information Sections in the FOI Act: 28(1)(ba), 28(1)(d), 30, 33(1), 35(1)(a), 35(1)(b) Download this file: FE3 and Department of Health Freedom of Information 2023 VICmr 47 24 May 2023 - PDF (793 KB) -
‘FE4’ and Victoria Police (Freedom of Information) [2023] VICmr 48 (24 May 2023)
Decision information
Date of decision: 24 May 2023 Applicant: 'FE4' Agency: Victoria Police Citation: 'FE4' and Victoria Police (Freedom of Information) [2023] VICmr 48 (24 May 2023) Headnote: FREEDOM OF INFORMATION – police records – police investigation – theft of motor vehicle – applicant victim of crime – witness information – Law Enforcement Assistance Program (LEAP) documents – ongoing investigation – disclosure of personal affairs information unreasonable Sections in the FOI Act: 31(1)(a), 33(1) Download this file: FE4 and Victoria Police Freedom of Information 2023 VICmr 48 24 May 2023 - PDF (297 KB) -
‘FE7’ and Latrobe City Council (Freedom of Information) [2023] VICmr 51 (23 May 2023)
Decision information
Date of decision: 23 May 2023 Applicant: 'FE7' Agency: Latrobe City Council Citation: 'FE7' and Latrobe City Council (Freedom of Information) [2023] VICmr 51 (23 May 2023) Headnote: FREEDOM OF INFORMATION – council documents – substantial and unreasonable diversion of Agency resources – council emails Sections in the FOI Act: 25A(1) Download this file: FE7 and Latrobe City Council Freedom of Information 2023 VICmr 51 23 May 2023 - PDF (319 KB) -
‘FD8’ and Department of Families, Fairness and Housing (Freedom of Information) [2023] VICmr 43 (15 May 2023)
Decision information
Date of decision: 15 May 2023 Applicant: 'FD8' Agency: Department of Education Citation: 'FD8' and Department of Families, Fairness and Housing (Freedom of Information) [2023] VICmr 43 (15 May 2023) Headnote: FREEDOM OF INFORMATION – school documents – accessible education learning environment involving a child – parent seeking access to information regarding their child – third party personal affairs information – emails Sections in the FOI Act: 30, 33(1) Download this file: FD8 and Department of Families Fairness and Housing Freedom of Information 2023 VICmr 43 15 May 2023 - PDF (2 MB) -
‘FD4’ and Department of Premier and Cabinet (Freedom of Information) [2023] VICmr 39 (10 May 2023)
Decision information
Date of decision: 10 May 2023 Applicant: 'FD4' Agency: Department of Premier and Cabinet (DPC) Citation: 'FD4' and Department of Premier and Cabinet (Freedom of Information) [2023] VICmr 39 (10 May 2023) Headnote: FREEDOM OF INFORMATION – financial records – office of the opposition – substantial and unreasonable diversion of Agency resources from its other operations Sections in the FOI Act: 25A(5) Download this file: FD4 and Department of Premier and Cabinet Freedom of Information 2023 VICmr 39 10 May 2023 1 - PDF (273 KB) -
‘FD9’ and Department of Energy, Environment, and Climate Change (Freedom of Information) [2023] VICmr 44 (10 May 2023)
Decision information
Date of decision: 10 May 2023 Applicant: 'FD9' Agency: Energy, Environment and Climate Change Citation: 'FD9' and Department of Energy, Environment, and Climate Change (Freedom of Information) [2023] VICmr 44 (10 May 2023) Headnote: FREEDOM OF INFORMATION – workplace investigation – external consultant – information that could identify a participant – information communicated in confidence – removal of personal affairs information – disclosure not contrary to the public interest Sections in the FOI Act: 30, 33(1), 35(1)(b), 25 Download this file: FD9 and Department of Energy Environment and Climate Change Freedom of Information 2023 VICmr 44 10 May 2023 - PDF (1 MB) -
‘FD5’ and Department of Education (Freedom of Information) [2023] VICmr 40 (8 May 2023)
Decision information
Date of decision: 8 May 2023 Applicant: 'FD5' Agency: Department of Education Citation: 'FD5' and Department of Education (Freedom of Information) [2023] VICmr 40 (8 May 2023) Headnote: FREEDOM OF INFORMATION – email correspondence – notes – complaint – investigation report – internal correspondence – contrary to public interest – personal affairs information of agency officers Sections in the FOI Act: 30, 33(1), 25 Download this file: FD5 and Department of Education Freedom of Information 2023 VICmr 40 8 May 2023 2 - PDF (796 KB) -
‘FD2’ and Department of Justice and Community Safety (Freedom of Information) [2023] VICmr 37 (3 May 2023)
FREEDOM OF INFORMATION – ministerial briefs – briefing to Attorney General – Fines Victoria – implementation of new IT system – Victorian Infringement Enforcement and Warrants (VIEW) system delivery – contract costs – contract service provider – government contracting – contractual terms – contract management
Decision information
Date of decision: 3 May 2023 Applicant: ‘FD2’ Agency: Department of Justice and Community Safety (DJCS) Citation: ‘FD2’ and Department of Justice and Community Safety (Freedom of Information) [2023] VICmr 37 (3 May 2023) Headnote: FREEDOM OF INFORMATION – ministerial briefs – briefing to Attorney General – Fines Victoria – implementation of new IT system – Victorian Infringement Enforcement and Warrants (VIEW) system delivery – contract costs – contract service provider – government contracting – contractual terms – contract management Sections in the FOI Act: 28(1)(ba), 28(1)(d), 30, 32, 34(1)(b), 34(4)(a)(ii) Download this file: ‘FD2 and Department of Justice and Community Safety Freedom of Information 2023 VICmr 37 3 May 2023 - PDF (2 MB) -
‘FD3’ and Department of Education (Freedom of Information) [2023] VICmr 38 (3 May 2023)
FREEDOM OF INFORMATION – National Trust Victoria – kindergarten grant application – LANDATA documents – not-for-profit certificate – Victorian Heritage register – internal correspondence – personal affairs information – expose a business undertaking unreasonably to disadvantage – documents available for purchase
Decision information
Date of decision: 3 May 2023 Applicant: 'FD3' Agency: Department of Education Citation: 'FD3' and Department of Education (Freedom of Information) [2023] VICmr 38 (3 May 2023) Headnote: FREEDOM OF INFORMATION – National Trust Victoria – kindergarten grant application – LANDATA documents – not-for-profit certificate – Victorian Heritage register – internal correspondence – personal affairs information – expose a business undertaking unreasonably to disadvantage – documents available for purchase Sections in the FOI Act: 14(1)(b), 33(1), 34(1)(b), 35(1)(b) Download this file: FD3 and Department of Education Freedom of Information 2023 VICmr 38 3 May 2023 - PDF (3 MB)