Our ref: 21-16402 CS5943
Mr Gordon Alderson
8 Lloyd Court
ST ALBANS PARK VIC 3219
By email:
Gordon Alderson <xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
Dear Mr Alderson,
Freedom of Information - Notice of Access Decision
I refer to your request received on 23 June 2021 under the
Freedom of Information Act 1982 (FOI Act),
by the Department of Transport (the Department), seeking access to:
“a copy of the independent Road Safety Audit (RSA) Report pertaining to 120 Townsend
Road, St Albans Park referred to in the email sent to me by Caitlin Bryers on May 5, 2021
(PTV 2021/00070).”
Following a machinery of government change, the Public Transport Development Authority (trading as
Public Transport Victoria or PTV) transitioned into the Department of Transport on 1 July 2019.1 This
decision letter is issued by the Department in place of the former PTV.
Right of access
The FOI Act establishes a general right of access to documents held by state government agencies and
ministers; however, in order to protect essential public interests and the private and business affairs of
individuals, this right of access does not apply to documents identified under the FOI Act as exempt.
The FOI Act also provides for documents containing exempt matter to be released in part, after the
exempt matter has been redacted, where it is practicable to do so.
Document search
The Department undertook a search of its records and located one (1) document relevant to the scope
of your request.
Decision
The documents were assessed in accordance with the FOI Act to determine whether they could be
released to you in full, released to you in part, or whether they are exempt from release.
Access has been granted in part as summarised in the schedule of documents attached.
1 For further information, please refer to the Victoria Government Gazette
http://www.gazette.vic.gov.au/gazette/Gazettes2019/GG2019S258.pdf
Section 33(1) – Documents affecting personal privacy
Section 33(1) of the FOI Act exempts from disclosure information relating to the personal affairs of a
natural person, if the disclosure would be unreasonable in consideration of all relevant circumstances.
Under section 33(9) of the FOI Act, 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.
To determine whether disclosure would be unreasonable, the following factors were considered:
The nature of the information in the document and the nature of your request;
The circumstances in which the Department obtained the information;
Whether the release of the information could lead to the person to whom it relates to suffer stress
or anxiety; and
The extent to which information is well known or ‘known to all’.
This exemption has been applied to the names, signatures, and profiles of third-party independent
consultants. Release of this information would be unreasonable as it is not apparent that the individuals
concerned would expect this information to be disclosed under the FOI Act.
Access charges
Section 22 of the Act provides for certain charges which may be levied in relation to applications for
access to documents. These include 20 cents per A4 size page for photocopying of any documents to
which access is granted.
Due to delays experienced in processing your request, the Department has decided to waive any fees
and charges under section 22 of the FOI Act. Please find attached copies of documents to which you
have been granted access.
Complaint and Review rights
If you are dissatisfied with an aspect of how this request was processed, under section 61A of the FOI
Act, you may make a complaint to the Victorian Information Commissioner by submitting the grounds of
your complaint in writing within 60 days of the date of the action you are complaining about.
Under section 49A of the FOI Act, you also have the right to make an application to the Victorian
Information Commissioner for review of the Department’s decision to refuse or defer access to the
requested documents. Any application for review should be made in writing and submitted within 28
days of receipt of this letter.
For further information about these processes, please visit the Commissioner’s website at
www.ovic.vic.gov.au or telephone 1300 006 842.
Page 2 of 4
Contact
Please contact me by e-mail at xxxxxx@xxx.xxx.xxx.xx if you have any questions about this
correspondence.
Yours sincerely,
GAVIN MAK
Freedom of Information Officer
19 / AUG / 2021
Enc
1. Schedule of documents
2. Documents released under FOI
Page 3 of 4
Schedule of documents
Freedom of Information request number: 21-16402 CS5943
Document Description
Access decision
1
211 MI701 St Albans Park Bus Stops – Existing condition road safety
Release in part,
audit (Rev A) prepared by HDS Australia Pty Ltd
exemptions under
section 33(1)
Page 4 of 4
