Recent Cases: Victoria

Mulder v Victoria Police [2020] VCAT 1250

The applicant sought access to four documents from Victoria Police.  The four documents related to 2006 and 2007 events which involved the applicant in his then capacity as a police officer. 

Victoria Police released all four documents with certain personal or sensitive information edited from them.  Large amounts of information in the four documents was released to the applicant. 

Personal affairs information: s 33(1)

The Tribunal commented that the fact that the applicant was aware of the information of people within the documents, does not demonstrate that the information should be released to him.  The Tribunal confirmed that disclosure of documents under the FOI Act is unrestricted. Even though the applicant may not intend to contact any people mentioned in the documents or use personal information from the documents, he would be entitled to do so later or to share the documents to another person who could share the information. 

Public interest override: s 50(4)

The applicant’s claim of deficiencies in an investigation process by Victoria Police and alleged conflicts of interest, weighed in the public interest.  However, those parts of documents withheld under the Tribunal’s decision did not contain information suggesting impropriety or insufficiency in conduct of the investigation. 

The Tribunal did not consider the override further.

HELD:

The Tribunal affirmed Victoria Police’s decision, with two exceptions.