Email Letter
From
Date
FOI Officer
9 September 2025
Phone
Email
1300 002 642
xxx@xxxxxxx.xxx.xxx.xx
To
Organisation
Email
Dale Webster
foi+request-12973-
xxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Ref: 2518404
Dear Dale,
Notice of decision – request for documents under the Freedom of Information Act 1982 (Vic)
1. I refer to your request for documents under the
Freedom of Information Act 1982 (Vic) (
FOI Act), my
Notice of Decision dated 12 August 2025, and subsequent re-assessment of a document.
2. In making my decision, I have considered the object of the FOI Act, which is to create a general right
of access to information, limited only by exceptions and exemptions necessary to protect essential
public interests, privacy, and business affairs.
3. My decision and reasons are provided below. A schedule of documents, which outlines my decision is
also attached to this letter.
4. I also confirm that no application for review has been received from a third party in relation to the
documents yet to be released to you. Accordingly, I enclose the remaining documents released under
Freedom of Information.
Background
5. On 15 June 2025 we considered your FOI request valid, the scope of which was:
In reference to my original request, I have since obtained a copy of the master plan and business case
so request a change of scope to the fol owing: Any documents related to the development of the Bendigo Showgrounds Master Plan and Business
case and redevelopment of the Bendigo Showgrounds. As part of this I seek documents associated
with the grants awarded to the CoGB under the Stronger Regional Communities Plan in 2018-19 and
2019-20, including but not limited to the grant applications and acquittals.
6. On 26 June 2025 you asked to have the Bendigo Showgrounds Masterplan added back into the scope.
7. On 12 August 2025 I issued you with the Notice of Decision, together with the Schedule of Documents.
8. In relation specifical y to the Bendigo Showgrounds Masterplan, I released this to you outside of the
FOI Act on the basis that a copy of the Masterplan had already been obtained by yourself elsewhere
which you had published publicly on your website.
Greater Bendigo City Council
Address: Galkangu Bendigo Gov Hub
189-229 Lyttleton Terrace Bendigo Vic 3550
Postal Address: PO Box 733, Bendigo Vic 3552
T:
1300 002 642
If you are
please ca
deaf, hearing or speech impaired,
E: xxx@xxxxxxx.xxx.xxx.xx
ll us via the National Relay Service
W: www.bendigo.vic.gov.au
on 133 677 or
www.relayservice.com.au
A.B.N. 74 149 638 164
9. On 12 August 2025 you requesting we re-process the Bendigo Showgrounds Masterplan on the basis
you believed the copy you had was not a full copy.
Decision on document
10. After re-processing the Bendigo Showgrounds Masterplan document, I confirm the City has located a
copy with the fol owing additional information:
(a) Cover pages;
(b) Table of Contents;
(c) Part E: ‘Financial and Economic Assessment’;
(d) Appendices A, B, and C.
11. In comparing this copy with the copy you have published on your website, I believe all other parts are
the same. Accordingly, I have formed the view that these parts of the Bendigo Showgrounds Masterplan
are in the public domain.
12. In relation to the parts described in paragraph 10 above which are not already in the public domain, I
have decided to release these parts of the document to you in part with exemptions applied.
Reasons for decision
13. In making my decision, I have applied section 34(1)(b).
Section 34(1)(b) of the FOI Act.
14. I applied the exemption in section 34(1)(b) of the FOI Act to the documents as pursuant to the FOI Act,
as they contain business, commercial, or financial information of a third party undertaking.
15. A document is exempt under section 34(1)(b) of the FOI Act if two conditions are satisfied:
(a) the document or information was acquired from a business, commercial, or financial undertaking;
and
(b) the information relates to matters of a business, commercial or financial nature; and
(c) disclosure of the information is likely to expose the undertaking unreasonably to disadvantage.
16. The document or information was acquired from a business, commercial, or financial undertaking, and
the information contained in these documents is of a business, commercial and/or financial nature.
17. ‘Business’, ‘commercial’ and ‘financial’ have been considered on the basis of their ordinary meaning,
and accordingly the documents contain information which is of a business, commercial, or financial
nature as they detail budgeted amounts and financial statements.
18. It is our view that disclosure of such information would likely expose the third party undertaking to
unreasonable disadvantage. Such disclosure of budgets and financial statements in advance of a
contractor tender process would impinge and disadvantage the ability to negotiate the best value from
contractors in a competitive process.
19. In the current circumstances, I found it was practicable to provide you with an edited copy of the
document with exempt information deleted.
Receiving a copy of the Bendigo Showgrounds Masterplan
20. I note that in this instance third parties have the right to apply for a review of my decision to release
their information contained in the Bendigo Showgrounds Masterplan. The third parties have 60 days
from the date they are notified of this decision to apply for a review.
21. I cannot release this information until the end of the 60-day appeal period for the Bendigo Showgrounds
Masterplan, and I have confirmed that no application for review has been made by a third party.
22. I confirm this decision does not change the date in which the documents subject to the Notice of
Decision dated 12 August 2025 would be released.
Your review rights
23. If you are not satisfied with my decision, you have the right to apply for a review of my decision by the
Information Commissioner under section 49A(1)(a) of the FOI Act.
24. A review application must be in writing, identify the decision to be reviewed and the agency who made
it.
25. An application must be made to the Information Commissioner within 28 days from the day you receive
this letter.
26. The Office of the Victorian Information Commissioner’s (
OVIC) website has a review form you may
download, which contains more information about the review process and what you can expect. OVIC’s
contact details are:
Office of the Victorian Information Commissioner
PO Box 24274
Melbourne VIC 3001
Email: xxxxxxxxx@xxxx.xxx.xxx.xx
Phone: 1300 00 6842 (1300 00 OVIC)
www.ovic.vic.gov.au
More information
27. If you have any questions about this decision, please contact me on 1300 002 642 or by email at
xxx@xxxxxxx.xxx.xxx.xx.
Yours sincerely
FOI Officer
City of Greater Bendigo
Attachments:
1.
Schedule of Documents
