1, ____________, have expressed an interest in serving on a Victorian

Government board or committee. I have provided my curriculum vitae and other relevant documentation requested and I understand that the Department of Sustainability and Environment ("the Department") and the State Services Authority ("the SSA") may collect and hold certain personal information about me including:

• my name and address;
• my age;
• my gender;
• whether I live in rural or regional Victoria;
• whether I identify as an Aborigine or Torres Strait Islander; and
• whether I was born in Australia and whether I have a culturally diverse background other than that indicated in the previous question.

This information is subject to the Information Privacy Principles (IPPs) found in the Information Privacy Act 2000 (IP Act). Under IPP 1, the Department and the SSA must take reasonable steps to ensure that I am aware of:

• the body's contact details and how to contact it;
• the fact that I am able to get access to that personal information about me;
• the purposes for which the information is collected;
• to whom that information is usually disclosed;
• any law requiring the information to be collected; and
• the consequences for me if the information is not collected.

I have read the notice under IPP 1.3 which is provided with this consent form.

I am aware of the contact details for the Department and the SSA.

I understand that I can seek access to personal information collected about me and can request the Department or the SSA to correct and update it.

I understand that the information is being collected and used to:

• process and assess my application for consideration of the appointment;
• enable the Victorian Government to monitor the diversity of appointments to and composition of statutory and other bodies to which Government may make appointments;
• manage dealings with me (for example to contact me or provide me with other information from time to time);
• be included in the Government Appointment and Public Entities Database (GAPED), a secure system for storing information about public entities and members of public entity Boards, Committees and Councils (this system is managed by the SSA and hosted on a secure government server).

For these purposes I understand that the information would normally be disclosed to:

• any Department and authorised officers nominated by the Secretary of the Department or his or her delegate;
• authorised officers of the SSA (nominated by the CEO of the SSA or his or her delegate);
• the Department of Premier and Cabinet for use only for the purposes of annual reporting;
• the Cabinet or any member of it for use only for the purposes of annual reporting;
• if you consent, (see below) your personal information may be shared with other departments and agencies for the purpose of appointments to other public sector entity boards; and
• as otherwise used in accordance with the IP Act.

Information on the GAPED is used for the following purposes:

• to enable the Victorian Government to monitor the diversity and profile of appointments to and composition of public sector entity Boards to which the Government may make appointments; and
• to allow the SSA to use information for research purposes and to plan improvements to governance processes for Victorian public sector entity Boards; and
• to allow the SSA to draw select and limited information (described below) and for this information to be made publicly available on a Victorian Government website.

I understand that, for reasons of personal safety, the composition of some public sector entity Boards will not appear on a Victorian Government website, and that I can discuss this with the Secretary of the Department or his or her delegate if I think this is relevant to me.

I understand that my failure to consent to the disclosure of information described in this consent form will result in greater difficulty by Departments/Agencies in monitoring the diversity of board appointments and their composition.

I consent to the Department and the SSA collecting, using and holding that information, and releasing it to the Victorian Government Department or Departments or Agencies in accordance with the IP Act for the purposes outlined in this consent form.

I understand that the following information is made publicly available on a Victorian Government website:

• my first name and surname;
• the term of my appointment; and
• my status as a member or chairperson.

I understand that recipients of information about me provided as a result of this consent will remove as far as practicable any potential means of identifying me individually under their reporting requirements.

I may have provided information about other individuals in my curriculum vitae and any other documentation included in my application. I acknowledge that when I provide personal information about other individuals such as referees, the Department relies on me to make those other individuals aware that such information will or may be provided to the Victorian Government, the relevant purposes that Victorian Government will use it for, and how they can access it.

I wish to advise that the following restrictions apply to the distribution of the information I have provided to you:

(insert restrictions (if any) which apply in relation to the information or specific parts of it)

The IP Act obliges the Department to advise you of certain facts regarding the collection of information relevant to your application for appointment and any appointment made as a result of your application.

If appointed, the Department, the SSA and the body you are appointed to will hold the certain information about you identified in this consent form. The information will be collected and used for the purposes identified in this consent form and will only usually be disclosed to the persons and bodies identified in this consent form.

This information is accessible to you at any time, and can be obtained by making a request to The Manager, Privacy at PO Box 500, East Melbourne VIC 8002 and/or the SSA.

The information collected and used for the purposes identified in this consent form and will only usually be disclosed to the persons and bodies identified in this consent form except if required by law or other regulation.

The Department and the SSA have implemented technology and security policies, rules and measures to protect the personal information that it has under its control from unauthorised access, improper use, alteration, unlawful or accidental destruction and accidental loss.

The Department and the SSA will remove personal information from its records where it is no longer required (except where archiving is required and in accordance with the IP Act and Public Records Act 1973).

Failure to allow the use of the information will result in greater difficulty in monitoring the diversity of board and other bodies' appointments and their composition.

I ≤ agree/ ≤ do not agree (tick whichever is applicable) to the Department sharing my information with other Victorian Government Departments for the purposes of enabling the relevant Minister to consider me for appointment to other boards.

Signed: _______________________________ Date __/__/__

Witness: _______________________________

1. A document headed Information for Candidates was provided to the short listed applicants. In part it reads as follows:

The Information Privacy Act 2000 requires Government agencies to gain consent to collect sensitive data such as racial or ethnic origin, membership of political, professional or trade associations and criminal records for the purpose of administering appointments to a public entity. By voluntarily providing information for the purpose of appointing you to a public entity it is considered that you have consented to the collection of this sensitive data. You are able to access data that the Department holds about you by contacting The Manager, Privacy at PO Box 500, East Melbourne VIC 8002.

If all or part of the information requested is not provided, including providing permission to undertake a national policy record check, this failure may affect your application.

The Privacy Consent Form details the reasons why your information is collection and what it is used for and provides an opportunity for you to consent to share your information for the purposes of considering you for appointment to other public entities.

1. The identity of those four hunting representatives and two scientific members appointed to the HAC is a matter of public record. As part of their applications all provided personal information to the DSE. This information is contained in application forms, supporting material and curricula vitae.

1. Following a request under the Freedom of Information Act 1982 (the Act) Mr Levy was provided with various documents as requested. However, ten documents were withheld as exempt. They are set out as follows. Note that there is no document number 8 as it was released to Mr Levy. At the commencement of the hearing of this review, Mr Levy's representative advised the Tribunal that only those items underlined are sought from the documents.

Document 1 is a 2 page application form dated 19 June 2009 from an applicant ("A") for a position on the HAC. The types of personal information about the applicant contained on the document apart from the person's full name include:

• Residential, postal and email address;
• Business, after hours and mobile telephone numbers;
• Date of birth, country of birth, whether or not a person has a culturally diverse background, sex;
• Level of education and training;
• Current employment and employment history;
• Current memberships of bodies including clubs and associations;
• Referee names, positions and contact details (telephone numbers).

Documents 3 and 7 are also 2 page application forms dated 21 June 2009 and 25 June 2009 respectively from applicants "C" and "E" respectively. They are in the same form and contain the same types of personal information as document 1.

Document 2 is an email dated 20 June 2009 attaching the curriculum vitae of applicant "B" and document 10.

The email contains personal information about the applicant B comprising:

• Email address at work;
• Employer and position of employment;
• Work telephone and fax and mobile telephone numbers;
• Areas of expertise;
• Beliefs and family background;
• Membership of various organisations.

The curriculum vitae contains personal information about applicant B comprising:

• Full name, date of birth, marital status and other family member details, nationality;
• Business address;
• Academic and professional qualifications, prizes, awards and detailed employment history and experience;
• Membership and affiliations.

Document 10 is a letter of application from applicant "B" to the NSW Game Council. It contains personal information about applicant B comprising:

• Name;
• Membership of organisations;
• Beliefs and family background;
• Professional qualifications and employment experience;
• Names and contact details of referees.

Document 4 is a document prepared by applicant "C" detailing how that applicant believes the key selection criteria are met by them. It contains personal information about applicant "C" comprising:

• Name;
• Beliefs and pastimes;
• Memberships of organisations and activities within them;
• Employment history.

Document 5 is a document prepared by applicant "D" detailing how that applicant believes the key selection criteria are met by them. It is in the same vein as document 4, but for a different applicant. It contains personal information about applicant "D" comprising:

• Name;
• Postal and email address;
• Telephone number, fax number, mobile telephone number;
• Beliefs and pastimes;
• Memberships and affiliations;
• Occupation.

Document 6 is the curriculum vitae for applicant "D". It contains personal information about applicant "D" comprising:

• Name;
• Home address, postal address and email address;
• Marital status and family details;
• Home and work telephone numbers, fax number, mobile telephone number;
• Current and previous employment;
• Memberships and affiliations;
• Recreational activities and interests;

I am informed by Departmental officers and believe that document 8 has been released to the applicant and is no longer in dispute in this proceeding.

Document 9 is an undated document prepared by applicant "A" detailing how that applicant believes the key selection criteria are met. It contains personal information about applicant "A" comprising:

• Name;
• Memberships and affiliations;
• Recreational activities and interests;
• Current and previous employment;
• Beliefs.

Document 11 is an undated document prepared by applicant "E" detailing how that applicant believes the key selection criteria are met by them. It contains personal information about applicant "E" comprising:

• Name;
• Memberships and affiliations;
• Current and previous employment;
• Beliefs;
• Recreational activities and interests.

NOTICE TO THE PERSONS TO WHOM THE INFORMATION RELATES AND THEIR RESPONSES

1. All six persons to whom the information contained in the documents relates were given notices under Section 53A of the Act. All responded that they did not wish to intervene but that they did not wish the information contained in the documents to be released.
2. A summary of the responses was prepared, settled and provided to Mr Levy in accordance with Practice Note PNG5. The summary is set out as follows:

All 5 objected strongly to the Tribunal to having their personal affairs information released (as set out below).

"I am writing ... regarding access to my personal details. The documents being sought by Mr Levy were supplied to DSE as part of my position application process for appointment ... to the Victorian Hunting Advisory Committee (VHAC). I wish to advise that the documents being sought contain information that should not be distributed publicly, to Mr Levy or anyone else who might request them, for the reasons outlined below.

In both documents, I have provided names of people and organisations who I have worked with, and it is not appropriate to have those details in the hands of someone who might use the information inappropriately. In particular, my CV contains the names of [certain persons] many of whom now hold high positions ... and who should not be targeted with anti-hunting propaganda should Mr Levy misuse the information in my documents. One [person] is now deceased, and his family name in particular should be protected from disclosure.

This document also names my [spouse and family] and I do not want that information disclosed either ... The names of ...organisations I have worked with, and clubs that I am affiliated with are scattered throughout both documents and these names and organisations should not be disclosed to any third party. To do so may be to put at risk my ... affiliations, and create opportunities for misuse of the names of organisations by anti-hunting lobbyists. Some of the organisations I am affiliated with ... whose reputations could be tarnished if targeted by anti-hunting groups because of my association with the VHAC.

My own place of work was recently targeted by an anti-hunting person .. that experience made it obvious that I should not expose ... work colleagues or family to people who might use my association with the VHAC in a mischievous way."

"I do not wish to have any documents containing personal information released to Mr Levy, apart from my name and my appointment as a hunting representative.

My reasons for not releasing my personal information are as follows:

• Such a release of information would include my address. This would make me vulnerable to the possibility of break-ins and home invasions by extremist elements within the animal rights movement. My name already appears on the Coalition Against Duck Shooting (CADS) website under the threatening heading "The HAC Shame File is listed below - Remember their names!" The clear inference that I draw from this is that I am regarded as a target by CADS. My current residential address is also the address of [certain family members]. I would be exposing them to the possibility of danger if my address were widely known and distributed.
• Episodes over the past decade involving extreme actions by the Animal Liberation movement, both here and overseas, have increased my level of concern. The attack on Dr Hugh Wirth by Animal Liberation, at which red paid was thrown over Dr Wirth during a social function, let him to comment, "This has escalated what is a normal political process into a point where the next phase is either physical injury or death." In the UK four members of the Animal Rights Militia were convicted for up to 12 years for crimes that included letter bombs, vandalism, hate mail and grave robbing.
• I am concerned that any of my information should be released to Mr Levy in particular. It is well known that Mr Levy has been arrested for flouting the law when protesting at Duck openings by entering the water before the legal time and approaching hunters. I am concerned that should Mr Levy have access to the personal information contained within the requested documents that legal niceties would not prevent him from try (sic) to use them in ways designed to harm myself.
• In addition to the above concerns relating to Mr Levy in particular, I also have concerns about the information being published more widely. Access to information about my employment ... which is contained in the documents, could be presented in a negative way by persons or organisations who wished to do me harm.

"I wish to lodge my objection to any documents or information relating to any appointment being accessed by Mr. Levy at any time, now or in the future.

My principal objection to my personal and confidential information being released is the concern for my safety and that of my family from any animal rights groups who may gain access to these details.

I am concerned as to why Mr Levy wants this information and if he is successful in his appeal, what he intends to do with this information.

All documents and information provided by me to the DSE during the selection process were believed by me to be private and confidential as stated in the 'Guidelines for Appointment ...'. Quote "The Department treats all personal information provided by an individual in support of an appointment application in accordance with the Information Privacy Act 2000 (Vic) and the Public Records Act 1973 (Vic). The personal information you provide in this form is required for application processing and assessment purposes, including submission to Cabinet.'

'If all or part of the requested information is not provided this failure may impact on your application.'

I genuinely believed such information would be treated in accordance with the Information Privacy Principles under the Information Privacy Act 2000 (Vic) and viewed only by departmental executives, the Minister and possibly Cabinet, making the information 'exempt' from FOI requests.

Had I known that the possibility of my personal and private information may be released for public scrutiny, my intention to serve on the Hunting Advisory Committee may well have been different as it has no relevance to other parties.

I am very concerned that if such personal and private information is allowed to be accessed the civic duty of serving on all statutory bodies advising Government may not be so actively pursued.

Animal Rights groups in various parts of the world have a history of resorting to violent acts in support of their cause. In Victoria there have been two recent cases of violent home invasions where firearms owners details were used to establish their whereabouts and raid the home to violently gain access to firearms. They were successful. The police investigations are ongoing.

I serve on the Hunting Advisory Committee (DSE) ... relating to my knowledge of ... hunting and whilst I understand my name and my position ... is publicly available, I do not wish any further details to be released ...

Internationally there have been numerous incidences of violence against those perceived to be against animal rights causes and show a continuing trend in this regard.

1. Coalition Against Duck Shooting (CADS) 2010 Media Release where Levy names HAC members urging supporters to 'Remember their names!' Levy has numerous prior charges and convictions under the Wildlife Act and others, for harassment of lawful hunters etc. showing that he and his supporters choose to break the law whenever they deem it necessary ..."

In summary, I would like to reaffirm my concerns and request that the confidentiality of my details be maintained in accordance with the various Acts offering such protection."

"Mr Levy is seeking access to documents that contain my personal information.

I strongly object to the release of these documents, and am deeply concerned at the prospect of my personal information being released to the applicant. I therefore request that the documents not be released to Mr Levy.

My reasons for objecting to the release of this information are as follows:

I believe that disclosing the requested information about my personal details would place my family and I at personal risk. I have previously received death threats from animal rights lobbyists, including (at a former address that became known) written threats delivered direct to my home. My family and colleagues have also been harassed and threatened. I have an unlisted phone number and my details do not appear on the electoral roll, as a safety precaution.

I feel that the release of my personal information to Mr Levy, who has a long history of involvement with the animal rights lobby, would lead to the wider release of that information. For example, Mr Levy's website already names me, and contains the directive that persons opposed to duck hunting should "remember" my name. This could be interpreted as encouraging threats and/or actual violence towards me.

I feel it highly probable that Mr Levy would similarly release my personal information if it became available, and/or circulate that information among this colleagues within the animal rights lobby. This would significantly increase the risk of harm to my family and I.

In addition to my own experiences with the animal rights lobby, I am aware of incidents where persons who oppose hunting have stalked, threatened, and violently confronted public proponents of hunting. For instance, a close female friend of mine, who is a vocal advocate for hunting, was stalked for several months by an animal rights extremist once her workplace became known to that individual. That extremist eventually confronted my friend in a carpark, late one evening when she was leaving work, and physically assaulted her.

Further, I am aware of incidents of significant property damage (including to vehicles and homes) perpetrated by persons who oppose duck hunting, when those individuals have become aware of personal details of duck hunters. I also understand that previous members of the Hunting Advisory Committee (HAC) have experienced incidents of this nature.

I feel that the documents Mr Levy has requested contain personal information that, if disclosed, would constitute an unreasonable breach of my privacy that far outweighs any argument that could be made in favour of their release. For example, I feel that my application/resume and statement of claims for the HAC position contains information that I have the right to retain privately. Similarly, I feel that disclosing my work history, police certificate, and group affiliations (many of which represent my philosophical beliefs) would constitute an unreasonable breach of my privacy.

In addition to breaching my privacy, I have concerns about malicious identity fraud, which could be facilitated by access to information such as my date of birth.

In summary, I object to the release of my personal details, including:

• current memberships of clubs/associations and other working groups/advisory councils
• application/resume
• statement of claims, and
• national police certificate.

I am aware that some of the information within the documents Mr Levy has requested is publicly available. For example, my mobile phone number, post office box, and [an] affiliation ... are in the public domain. Similarly, it is publicly known that I used to work for ..."

Response "Private & Confidential" dated 16 February 2011

"I hereby formally object to the release of my personal affairs information to Mr Levy or any of his representatives or associates. It is my strongly held view that any release of such material would be an unreasonable disclosure ... for the following reasons:

1. [Relating to prior employment]. The public release of my personal affairs details, in particular, my home address would have the potential of compromising my security and that of members of my family.
2. I am familiar with Mr Levy's antecedents and those of several of his associates. His overt and aggressive attitude towards hunters and pro hunting individuals in the past is a matter of concern to me. It is a matter of public record that Mr Levy and several of his like minded associates involved with animal rights and anti-hunting groups, think nothing of committing offences in furtherance of their cause. I have no doubt that if my personal details were released to Mr Levy and his associates, my personal security and that of members of my family would be severely compromised."

1. Section 33(1) and (2A) of the Act provide as follows:

(1) A document is an exempt document if its disclosure under this Act would involve the unreasonable disclosure of information relating to the personal affairs of any person (including a deceased person).

(2A) An agency or Minister, in deciding whether the disclosure of a document under this Act would involve the unreasonable disclosure of information relating to the personal affairs of any person, must take into account, in addition to any other matters, whether the disclosure of the information would, or would be reasonably likely to, endanger the life or physical safety of any person.

1. Under Section 33(1) a document is exempt if disclosure of information relates to the personal affairs of any person and that disclosure is unreasonable.
2. The applicant seeks disclosure variously of HAC members' education, employment, employment history, professional qualifications, beliefs, functions, memberships of organisations, affiliations, recreational activities and interests. Clearly, this is information relating to the personal affairs of HAC members.

WOULD DISCLOSURE OF PERSONAL AFFAIRS BE REASONABLE?

1. The Tribunal is required to consider Mr Levy's interests and his purpose in seeking the documents containing the information. The Tribunal is also required to consider the nature of the information to be disclosed and the view expressed by the person to whom it relates. I have already determined that the information relates to the personal affairs of the HAC members. From the responses of those members, it is clear that they all do not wish to have that information disclosed.
2. In Morgan v DHS[1] Senior Member Davis conveniently summarised the relevant principles enunciated by the Court of Appeal in Victoria Police v Marke[2]. They included that there are competing interests to be balanced. In determining whether disclosure is unreasonable, the Tribunal must identify all facts and matters relevant to the question to be determined and to make an evaluative judgment based upon them. What amounts to unreasonable disclosure will necessarily vary from case to case. The Tribunal's task in determining whether disclosure is unreasonable includes having regard to a range of factors beyond the privacy of the person whose affairs will be disclosed. The proper application of s 33(1) of the Act will require a decision-maker to consider all matters relevant, logical and probative to the existence of conditions upon which the section is made to depend.
3. The applicant's purpose in seeking release of parts of the documents containing the information is difficult to determine other than he says it is in the public interest to do so. Even if one examines the purpose at that level, it is difficult to ascertain any public interest. Mr Levy is a member of an organisation with a limited and specific purpose. Release of the information is for whatever purposes Mr Levy and his fellow members may make of it. Beyond that there appears to be no public interest.
4. The circumstances in which the information was given to the respondent by the members of the HAC are clearly relevant. The information was given within the context of representations made to those who wished to apply for membership of the HAC, and those shortlisted for membership, that information would be received within a strict regime of confidentiality. If this regime of confidentiality is breached, it is unlikely that people would give information. Therefore, the whole system of various government departments and agencies seeking suitable applicants for advisory bodies would be compromised.
5. Having regard to the circumstances of this case I am satisfied that disclosure would be unreasonable.

[1] [2008] VCAT 2420

[2] [2008] VSCA 218