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  • Chopra v Victorian Institute of Teaching (Review and Regulation) [2023] VCAT 903 (4 August 2023)

    This decision considers whether VCAT has jurisdiction to review an actual or deemed refusal on the basis of non-compliance with section 17.  The key takeaway from this decision is that VCAT has jurisdiction to determine an application for review of…

  • NLD v Department of Families Fairness and Housing (Human Rights) [2023] VCAT 544

    Lessons This case shows the importance of the limits placed on the use and disclosure of personal information by IPP 2.1. Organisations that wish to use or disclose personal information for a secondary purpose must clearly establish that one of…

  • Monash University v EBT [2022] VSC 651

    This decision considered whether documents held and stored electronically by or on behalf of an agency are considered ‘documents’ for the purposes of section 5 of the Act. The Supreme Court held that these documents are considered ‘documents’ under section…

  • Huang v Frankston City Council (Human Rights) [2022] VCAT 24

    Lessons When handling complaints agencies should be careful when sharing information with individuals who report concerns. While it’s important to share information with the complainant to respond to their concern, agencies should be careful to protect the privacy of any…

  • WOS v Victoria Police (Human Rights) [2021] VCAT 1540

    Background The Complainant had a custody dispute with his former partner about their two children. The Complainant called the Child Support Agency (CSA) during which he made a threat to harm himself. The CSA notified Victoria Police, prompting them to…

  • Kerig v Victoria University (Human Rights) [2021] VCAT 532

    VCAT summarily dismissed this complaint brought under the Health Records Act 2001 (Vic) (HR Act) as an abuse of process because the Complainant had previously pursued a complaint about the same circumstances under the Privacy and Data Protection Act 2014…

  • McLean v Racing Victoria Ltd [2020] VCSA 234

    In this case, Mr McLean (the Applicant) sought to appeal a decision of the Supreme Court of Victoria. The Applicant sought a determination on whether Racing Victoria Limited (the First Respondent) and the State of Victoria, namely Victoria Police, (the…

  • CityLink Melbourne Limited v Department of Transport (Review and Regulation) [2020] VCAT 1078 (2 October 2020)

    This case considered when release of commercial information “is likely” to expose an undertaking or an agency “unreasonably to disadvantage”. The Facts A member of Parliament requested information in 15 year old documents about the CityLink project held by the…

  • Kerig v Victoria University [2020] VCAT 469 (28 April 2020)

    The Complainant alleged that the Respondent breached Information Privacy Principles (IPP) 1.1, 1.2, 1.3, 2.1, 3.1, 4.1, 5.1 and 10 of Schedule 1 of the Privacy and Data Protection Act 2014 (Vic) when the Respondent collected and used his personal…

    • Privacy

  • EBT v Monash University (Review and Regulation) [2020] VCAT 440

    The Tribunal found that when releasing emails to an applicant, an agency cannot charge for search time[1] or charge for providing emails ‘as written document’[2] because those documents are electronically ‘available in discrete form in documents of the agency’.[3] The…

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