Other Information
Annual VCAT decision summaries
If you would like an easy and concise way of understanding how FOI, privacy as well as health privacy is handled at the Victorian Civil and Administrative Tribunal, take advantage of our VCAT Annual Case Summaries!
Since 2004, our experienced staff have been preparing VCAT Summaries. The summaries are designed to assist agencies in understanding how VCAT deals with FOI, privacy and health privacy related matters.
If you would like to know more or to subscribe to this service and receive summaries for 2023 early next year, visit our website or contract our office on (03) 961 4111 or email marketing@foisolutions.com.au
NOTE: Our firm also prepares monthly VCAT case summaries if you want to keep up to date on an ongoing basis rather than waiting to the end of year. For further information and believe this services is more suited, please register your interest.
Question Time
Q: Will your organisation face risks if it provides a member of the public, or another organisation, with information outside the FOI framework?
A: We know that members of the public and other organisations often request information outside FOI, either informally, through the privacy legislation or via a court order, such as a subpoena or summons for documents.
Under the OVIC Professional Standards, where a document can properly be provided to an applicant outside the FOI framework, the agency must facilitate access to that document or advice the applicant how the document can be assessed.
We are always happy to assist our clients with advice on how to manage their information access processes, from subpoena management to disclosing information to the public or other organisations outside FOI. We can advise on the risk to your organisation that are likely to flow from how you respond to these requests, as well as how best to manage those risks.
It is important to manage requests for information outside FOI as carefully as those requests made through FOI. If you would like assistance in identifying how your organisation can improve its information access procedures and processes, please let us know.
Q: Is it acceptable for clients to disclose personal information to law enforcement agencies, such as the police?
A: We are frequently asked whether it is acceptable for clients to disclose personal information to law enforcement agencies such as the police. We recommend exercising caution and, where possible, obtain written confirmation from the law enforcement agency about precisely what information is being sought and for what purpose/s. Only then can you begin to assess whether or not disclosure to the law enforcement agency for the specific purpose/s stated will be permissible under the information privacy principles.
A decision of the Commonwealth Privacy Commissioner confirms the importance of an agency being satisfied that disclosure is required or permitted under the relevant privacy law provisions before disclosing information to law enforcement officers.
In ‘EZ’ and ‘EY’ [2015] AICmr 23 (27 March 2015), a doctor had disclosed personal information about the complainant to a police officer during a telephone conversation. The doctor believed she had grounds to do so under privacy law and relied, at least in part, on the fact that by disclosing the information to a police officer, she was assisting with protecting the public and/or law enforcement. The Privacy Commissioner was not satisfied that the doctor had sufficient grounds to hold those beliefs and awarded compensation of $6,500.00 to the complainant.