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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‘FI5’ and Victoria Police (Freedom of Information) [2023] VICmr 85 (18 August 2023)
FREEDOM OF INFORMATION – police documents – Law Enforcement Assistance Program (LEAP) – handwritten notes – intervention order – preliminary brief – exhibits – witness statements – photographs – search warrant – affidavit for a search warrant – seizure of property – body worn camera footage – secrecy provision – Surveillance Devices Act 1999 (Vic)
Decision information
Date of decision: 18 August 2023 Applicant: 'FI5' Agency: Victoria Police Citation: 'FI5' and Victoria Police (Freedom of Information) [2023] VICmr 85 (18 August 2023) Headnote: FREEDOM OF INFORMATION – police documents – Law Enforcement Assistance Program (LEAP) – handwritten notes – intervention order – preliminary brief – exhibits – witness statements – photographs – search warrant – affidavit for a search warrant – seizure of property – body worn camera footage – secrecy provision – Surveillance Devices Act 1999 (Vic) Sections in the FOI Act: 30, 31(1)(d), 33(1), 35(1)(b), 38 Download this file: FI5 and Victoria Police Freedom of Information 2023 VICmr 85 18 August 2023 - PDF (2 MB) -
‘FJ4’ and Minister for Worksafe and the TAC (Freedom of Information) [2023] VICmr 90 (17 August 2023)
FREEDOM OF INFORMATION – right to access to official documents of a Minister where there is a change of Minister
Decision information
Date of decision: 17 August 2023 Applicant: 'FJ4' Agency: Minister for WorkSafe and the TAC Citation: ‘FJ4’ and Minister for Worksafe and the TAC (Freedom of Information) [2023] VICmr 90 (17 August 2023) Headnote: FREEDOM OF INFORMATION – right to access to official documents of a Minister where there is a change of Minister Sections in the FOI Act: 13 Download this file: ‘FJ4 and Minister for Worksafe and the TAC Freedom of Information 2023 VICmr 90 17 August 2023 - PDF (308 KB) -
‘Save Albert Park Inc’ and Australian Grand Prix Corporation (Freedom of Information) [2023] VICmr 84 (14 August 2023)
FREEDOM OF INFORMATION – Formula 1 Grand Prix – Australian Grand Prix Corporation – Save Albert Park Inc – methodology for estimating attendance figures – internal working documents – disclosure not contrary to public interest – not satisfied disclosure would expose business undertaking unreasonably to disadvantage
Decision information
Date of decision: 14 August 2023 Applicant: ‘Save Albert Park Inc’ Agency: Australian Grand Prix Corporation Citation: ‘Save Albert Park Inc' and Australian Grand Prix Corporation (Freedom of Information) [2023] VICmr 84 (14 August 2023) Headnote: FREEDOM OF INFORMATION – Formula 1 Grand Prix – Australian Grand Prix Corporation – Save Albert Park Inc – methodology for estimating attendance figures – internal working documents – disclosure not contrary to public interest – not satisfied disclosure would expose business undertaking unreasonably to disadvantage Sections in the FOI Act: 30, 34(4)(a)(ii), 25 Download this file: ‘Save Albert Park Inc and Australian Grand Prix Corporation Freedom of Information 2023 VICmr 84 14 August 2023 - PDF (805 KB) -
‘FI2’ and Victoria Police (Freedom of Information) [2023] VICmr 82 (9 August 2023)
FREEDOM OF INFORMATION – death of a child – parent applicant – next of kin – police inquiries – police documents – Coroners Court of Victoria – coronial investigation – documents held by Coroner – secrecy provision – prohibition on disclosure – Coroners Act 2008 (Vic)
Decision information
Date of decision: 9 August 2023 Applicant: 'FI2' Agency: Victoria Police Citation: 'FI2' and Victoria Police (Freedom of Information) [2023] VICmr 82 (9 August 2023) Headnote: FREEDOM OF INFORMATION – death of a child – parent applicant – next of kin – police inquiries – police documents – Coroners Court of Victoria – coronial investigation – documents held by Coroner – secrecy provision – prohibition on disclosure – Coroners Act 2008 (Vic) Sections in the FOI Act: 33(1), 38 Download this file: FI2 and Victoria Police Freedom of Information 2023 VICmr 82 9 August 2023 - PDF (734 KB) -
‘FI3’ and Swinburne University of Technology (Freedom of Information) [2023] VICmr 83 (7 August 2023)
FREEDOM OF INFORMATION – political campaign – expression of interest for volunteers to undertake research or campaigning activities on behalf of a local political candidate in the lead up to the State election – ‘campaign-for-credits program’ – State election – work experience – internal correspondence – emails – personal affairs information – unreasonable to release
Decision information
Date of decision: 7 August 2023 Applicant: 'FI3' Agency: Swinburne University of Technology Citation: 'FI3' and Swinburne University of Technology (Freedom of Information) [2023] VICmr 83 (7 August 2023) Headnote: FREEDOM OF INFORMATION – political campaign – expression of interest for volunteers to undertake research or campaigning activities on behalf of a local political candidate in the lead up to the State election – ‘campaign-for-credits program’ – State election – work experience – internal correspondence – emails – personal affairs information – unreasonable to release Sections in the FOI Act: 33(1) Download this file: FI3 and Swinburne University of Technology Freedom of Information 2023 VICmr 83 7 August 2023 - PDF (1 MB) -
‘FJ8’ and Eastern Health (Freedom of Information) [2023] VICmr 94 (4 August 2023)
FREEDOM OF INFORMATION – Root cause analysis report – review of clinical incident – contrary to the public interest
Decision information
Date of decision: 4 August 2023 Applicant: 'FJ8' Agency: Eastern Health Citation: ‘FJ8’ and Eastern Health (Freedom of Information) [2023] VICmr 94 (4 August 2023) Headnote: FREEDOM OF INFORMATION – Root cause analysis report – review of clinical incident – contrary to the public interest Sections in the FOI Act: 30, 35(1)(b) Download this file: ‘FJ8 and Eastern Health Freedom of Information 2023 VICmr 94 4 August 2023 - PDF (447 KB) -
‘FH7’ and Department of Premier and Cabinet (Freedom of Information) [2023] VICmr 78 (2 August 2023)
FREEDOM OF INFORMATION – COVID-19 pandemic – hotel quarantine – charges for hotel quarantine – legal advice – legal privilege – disclosure regarding legal advice at press conference – waiver of legal privilege
Decision information
Date of decision: 2 August 2023 Applicant: 'FH7' Agency: Department of Premier and Cabinet (DPC) Citation: 'FH7' and Department of Premier and Cabinet (Freedom of Information) [2023] VICmr 78 (2 August 2023) Headnote: FREEDOM OF INFORMATION – COVID-19 pandemic – hotel quarantine – charges for hotel quarantine – legal advice – legal privilege – disclosure regarding legal advice at press conference – waiver of legal privilege Sections in the FOI Act: 28(1)(ba), 29(1)(a), 28(1)(c), 30, 32, 33(1) Download this file: FH7 and Department of Premier and Cabinet Freedom of Information 2023 VICmr 78 2 August 2023 - PDF (2 MB)