Decision letter FOI 2324 23.pdf

15 February 2024

FOI Ref: FOI 23/24-23

Mr Simon Keys

By Email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

To Mr Keys

FREEDOM OF INFORMATION: NOTICE OF DECISION
This letter is to give you the decision on the request you made for documents under the Freedom of
Information Act 1982 (the Act).

Terms of the Request:

Documents related to the road/Laneway behind 42 James Street and adjoining properties. These
would include but not limited to:
Engineers’ reports, studies, and assessments of the aforementioned area.
Quotations provided to repair the damage of the aforementioned area
Emails, internal and external concerning the aforementioned area.
Council documentation related to the aforementioned area.

Darebin City Council has identified 25 documents relevant to your request that comprises a total of 506
pages.

On 11 January 2024, via telephone, you removed all personal information except for Names and Position Title
from the scope of your request. This information has been removed from the documents as ‘out of scope’.

Decision
I have assessed al  the documents held by the City of Darebin that fall within the scope of your request.
Documents which fall within the category  requested by you have been processed in response to the
request received.

My decision on access is to:
•  Grant access in full to 3 documents
•  Grant access in part to 21 documents
•  Deny access in full to 1 document

Exemption
Section 32 Documents affecting legal proceedings relevantly provides.
(1)  A document is an exempt document if it is of such a nature that it would be privileged from
production in legal proceedings on the ground of legal professional privilege or client legal
privilege.

A document is exempt if it contains communications made for the dominant purpose of obtaining legal
advice or the provision of legal services (including representation in legal proceedings), or for the
dominant purpose of use in actual or anticipated legal proceedings.

The  documents  contain confidential communications brought into existence under the authority of
Darebin City Council and their professional legal advisers, that were made for the dominant purpose of
obtaining legal advice.
I am satisfied that such documents  that relate to obtaining legal  advice  are  exempt from release in
accordance with the provisions of section 32(1) of the Act.

Section 33 – Documents affecting personal privacy. relevantly provides.

Section 33 of the Act exempts from access documents which involve the unreasonable disclosure of the
personal affairs of any persons. Specifically, section 33 of the Act states:

“(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);

In this section
(9)  information relating to the personal affairs of any person includes information -
(a)  that identifies any person or discloses their address or location; or
(b)  from which any person’s identity, address or location can reasonably be determined.”

It is apparent from the face of the documents that they contain information relating to the personal
affairs of people, as defined in s 33(9) of the FOI Act. Under section 33(9), “information relating to the
personal affairs of any person” includes information that identifies any person or discloses their address
or location; or from which any person’s identity, address or location can reasonably be determined.

In deciding to exempt the  documents, or the information in the documents I had described, I
considered such factors as:
•  the nature of the information
•  consultations with third parties in which names are listed in the document (where practicable)
currently work at Darebin City Council.

•  Views on disclosure of third parties who have been consulted.
•  the current relevance of the information
•  whether the disclosure of the information would, or would be reasonably likely to, endanger the
life or physical safety of any person
•  the circumstances in which the Darebin City Council came to possess the information
•  the possible cause for stress, anxiety or harassment that disclosure may cause to a person
•  whether disclosure would impair Darebin City Councils ability to obtain similar information in the
future
•  where known, the identity of the applicant and the purpose for seeking access.

I have redacted the personal affairs of persons who either no longer work at Darebin City Council or in
which consent to disclose personal information has not been obtained.
The redacted information does not detract from your understanding of the pages and there is nothing
which would suggest that disclosure of personal information would promote any public interest or benefit
in all the circumstances. I have determined, in this instance, that disclosure is outweighed by the right to
privacy of the individuals concerned. I am satisfied that the information provided is exempt under section
33(1).

I am therefore satisfied that disclosure of personal  information would be unreasonable in the
circumstances, pursuant to section 33(1) of the FOI Act.

Review rights

If you are not satisfied with my decision, you may seek review from the Office of the Victorian Information
Commissioner. Requests for review must be made in writing within 28 days of receiving this decision
letter.

You are able to submit a request for review in the following ways:

Information Commissioner
Office of the Victorian Information Commissioner
PO Box 24274
MELBOURNE VIC  3001
Ph 1300 842 364
Email: xxxxxxxxx@xxxx.xxx.xxx.xx

If you have any queries, please feel free to contact me on

Yours sincerely,

Mark Aylward
Freedom of Information Officer
City of Darebin

Appendix A – Schedule of Documents

Doc #  #
File title
Document description
Decision
Pages
summary
1.    2
S44580_281686_Structural
Site plan and general notes
RELEASED IN
Sketches
FULL
2.    21
S44580_281686_Geotechnical
Preliminary geotechnical
RELEASED IN
Report#3
Investigation report
PART
S.33(1)
3.    5
S44580_281686_ IFC - Total#6
Site plan and general notes
RELEASED IN
FULL
4.    18
S44580_273632_FMG Letter
Costing estimates and
RELEASED IN
correspondence
PART
S.33(1)
5.    2
RE_ ROW-James St
Email correspondence
RELEASED IN
PART
S.33(1)
6.    195
RE_ No. 42 James St Northcote
Email correspondence
RELEASED IN
PART
S.33(1)
7.    5
RE_ Letter of Notice(vA9658369)
Email correspondence
RELEASED IN
PART
S.33(1)
8.    8
RE_ Letter of Notice(vA9658358)
Email correspondence
RELEASED IN
PART
S.33(1)
9.    5
9. RE_ EST27411 - RE_ 281686 - RE_  Email correspondence
RELEASED IN
PO James St
PART
S.33(1)
10.   5
RE_ 273632 - 42 James Street -
Email correspondence
RELEASED IN
(vA9658544)
PART
S.33(1)
11.   29
11. RE_ 42 James Street, Northcote,  Email correspondence and
RELEASED IN
New Revision for Geotechnical
Geotechnical reports
PART
Report (281686)
S.33(1)
12.   26
RE_ 42 James Street(vA9658485)
Email correspondence
RELEASED IN
PART
S.33(1)
13.   5
RE_ 42 James Street(vA9658473)
Email correspondence
RELEASED IN
PART
S.33(1)
14.   6
RE_ 42 James Street(vA9658464)
Email correspondence
RELEASED IN
PART
S.33(1)

Doc #  #
File title
Document description
Decision
Pages
summary
15.   3
RE_ Engineering and land survey
Email correspondence
RELEASED IN
update rear 42 James Street,
PART
Northcote(vA9658324)
S.33(1)
16.   56
Investigation Report 42 James
Investigation report
RELEASED IN
Street, Northcote 21-03-22 re
PART
S.33(1)
17.   26
FW_ EST27253 - Letter regarding
Email correspondence and
RELEASED IN
different retention options at the
Geotechnical reports
PART
ROW behind 42 James Street,
S.33(1)
Northcote, VIC 3070
18.   5
FW_ 273632 - 42 James Street -
Email correspondence
RELEASED IN
(vA9658526)
PART
S.33(1)
19.   28
FW_ 42 James Street, Northcote -
Email correspondence and
RELEASED IN
Cost Estimate (281686)(vA9658331)  Geotechnical reports
PART
S.33(1)
20.   22
FMG Engineering Report - 15
Engineering report
RELEASED IN
October 2021(vA9655249)
PART
S.33(1)
21.   9
EST27411 - Letter regarding
Email correspondence
RELEASED IN
different retention options at the
FULL
ROW behind 42 James Street,

Northcote, VIC 3070(vA9658487)
22.   12
EST27411 - Letter regarding
Email correspondence
RELEASED IN
different retention options at the
PART
ROW behind 42 James Street,
S.33(1)
Northcote, VIC 3070(vA9658486)
23.   2
Capital Works and Discontinuance
Draft of Letter
RELEASED IN
of the Right of Way at the rear of
correspondence
PART
42 - 26 James Street,
S.33(1)
Northcote(vA9658462)
24.   6
32. 42 James Street Cost Report for  Cost report
RELEASED IN
Stabilization Works - December
PART
2022(vA9655248)
S.33(1)
25.   5
RE_ commence process
Communications containing
DENIED IN FULL
investigations to discontinue road-  legal advice
S.32(1)
1-3 Campbel  Grove and 42 James
s.33(1)
Street, Northcote