A court has ruled that Victoria’s Health Department must process Freedom of Information (FOI) requests related to public health orders implemented during the pandemic. The documents (briefs) underpinned decisions related to policies like curfews on Victorian citizens, and closing children’s playgrounds during the state’s lockdown periods. Mr.
David had put in four FOI requests for information, but the Victorian Information Commissioner refused all of these. Ultimately, the Victorian Civil and Administrative Tribunal considered whether this decision to deny the FOI requests was justified. Mr.
Cain estimated that it would take an experienced FOI officer 305 to 370 work days to fully process the FOI requests. However, Vice President Judge Caitlin English formed the view this timeframe was unrealistic, but acknowledged the amount of dedicated time was still “substantial.” The judge was not convinced that the department made a “persuasive ballpark assessment” on the resources required for the FOI requests.
“The Department has not discharged its onus on the balance of probabilities that it has reasonably estimated the resources required to process the requests. I consider the above factors as well as the strong public interest and the purposes of the FOI Act,” Judge English said. Ultimately, the judge directed the agency to process Mr.
Davis’s requests in accordance with the FOI Act The city was placed under lockdown twice in 2020, from March 26 to May 12, and a.
