[2010] VCAT 282
General information, not legal advice.
Victorian Civil and Administrative Tribunal
2010-03-15
John P
Original judgment source is linked above.
Parts of seven pages of Victoria Police LEAP report comprising
(a) one page Family Incident Report Summary (denied access to name and other identifying details of aggrieved family member and to indicate it including opinion);
(b) five pages from the Incident Report and Case Progress and a one page Attendance Record Enquiry (denied access to victim's name, address, date of birth and telephone number and allegations as well as names and registered numbers of attending police).
Parts of two one page letters dated 23.4.08 from O/Sergeant Storer, Kyabram Uniform to two members of police
Access has been denied to the name and rank of the two members
Parts of three one page undated letters from D/A/S/Sergeant Mark, Shepparton CIU to three members of police (denied access to the name and rank of the three members and to the name and other personal information of the civilian who complained against the applicant).
Part of a one page memorandum from A/Inspector Macgregor, Region 3 Ethics and Professional Standards Officer (EPSO) to EPSO Support - Conduct and Professional Standards Division dated 29.4.08 (denied access to name and rank of two police members).
Part of a one page memorandum from A/Inspector Cliffe EPSO Region 3 to D/Sgt Mark Shepparton CIU dated 4.11.08 (denied access to name and rank of two police members).
Part of a one page memorandum from A/Inspector Cliffe to EPSO Support Unit dated 2.12.09 (denied access to name and rank of four police members).
Part of a one page memorandum from A/Inspector Carroll EPSO Region 3 to Superintendent Johns (denied access to information that identifies crime family violence applicants).
Two page memorandum from a named member of police to S/Sgt Mark responding to applicant's complaint.
Two page memorandum from a named member of police to S/Sgt Mark responding to applicant's complaint.
(a) Part of a one page email form S/Sgt Hilary Mark to Supt Johns dated 15.10.08 - (denied access to name of police member complained against and to name of support staff member to Supt Johns);
(b) One page email from named member of police to S/Sgt Mark dated 23.9.08 responding to particulars of complaint - (denied in full);
(c) Part of one page email from A/Sgt Storer to two named members of police undated - (denied access to names of members complained against by applicant);
(d) Two page email from two named members of police to A/Sgt Storer dated 5.2.09 responding to applicant's complaint - (denied in full).
Parts of 4 pages of a Patrol Duty Return - (denied access to names of patrolling police members, names and other information of alleged victim and name of other person and date of birth).
Parts of 7 pages of Victoria Police LEAP reports comprising:
(a) one page Family Incident Report Summary - (denied access to name and other identifying details of aggrieved family member and to indicators including opinion);
(b) five pages from the Incident Report and Case Progress and one page Attendance Report Enquiry - (denied access to victim's name, address, date of birth and telephone number and allegations as well as names and registered numbers of attending police).
(a) Parts of two 1-page letters dated 23.4.08 from A/Sergeant Storer, Kyabram Uniform to two members of police - (denied access to the names and rank of the two members);
(b) Parts of three 1-page undated letters from D/A/S/Sergeant Mark, Shepparton CIU to three members of police - (denied access to the names and rank of the three members and to the name and other personal information of the civilian who complained against the applicant);
(c) Part of a one page memorandum from A/Inspector McGregor, Region 3 Ethics and Professional Standards Officer (EPSO) to EPSO Support - Conduct & Professional Standards Division dated 29.4.08 - (denied access to name and rank of two police members);
(d) Part of a one page memorandum from A/Inspector Cliffe EPSO Region 3 to D/Sgt Mark Shepparton CIU dated 4.11.08 - (denied access to name and rank of two police members);
(e) Part of a one page memorandum from A/Inspector Cliffe to EPSO Support Unit dated 2.12.08 - (denied access to name and rank of four police members);
(f) Part of a one page memorandum from A/Inspector Carroll EPSO Region 3 to superintendent Johns - (denied access to personal information that identifies crimes family violence applicant).
(a) Two page memorandum from a named member of police to S/Sgt Mark responding to applicant's complaint - denied in full
(b) Two page memorandum from a named member of police to S/Sgt Mark responding to applicant's complaint - denied in full
Parts of a three page memorandum of investigation report from D/Sgt Mark to Police Service Area (PSA) Manager Shepparton dated 21.10.08 - (denied access to names of police members complained against by applicant and to name of victim)
Parts of the first page of a two page letter from Office of Police Integrity to Ethical Standards Department dated 16.2.09 - (denied access to names of police members complained against by applicant and to name of victim)
Part of a one page Issue Cover Sheet by A/Sgt Storer dated 13.2.08 - (denied access to names of police members and to name and other personal information of victim)
Parts of the three page Ethical Standards Department file C2-5/1895/2007 cover sheet - (denied access to the names of three unsworn members of police (ie. public servants))
Corry
Victoria Police - FOI Privacy Division
In Ryder v Booth [1985] VicRp 86; [1985] VR 869 at 871, Young CJ said that the exemption created by s.35(1)(b) might be read as covering a situation where "the disclosure of the information so as to impair the ability of the agency to obtain similar information in the future". In Re Pepperell and Ministry of Housing & Construction (1989) 3 VAR 191 Mr Galvin considered the question in what circumstances information would be regarded for the purposes of the section as "having been communicated in confidence". He referred to an unreported decision of Judge Hassett given in the County Court in the matter of Deasey v Geschke and said:
of Victoria Police? The document certainly records or purports to record what has transpired in a conversation between Senior Constable Mark and another police officer. It therefore records a consultation. Is the consultation one for the purposes of the deliberative processes of Victoria Police? The deliberative processes of a department are no more than its processes of thinking and discussion leading to a decision. Brog v Department of Premier and Cabinet (1989) 3 VAR 201, 208; Waterford v Department of the Treasury (No. 2) [1984] AATA 67; (1984) 1 AAR 1; 5 AAD 588, 606; Anderton v Medical Practitioners Board (Administrative Appeals Tribunal of Victoria unreported 13 June 1996).
(1993) 31 NSWLR 606