Date: 15 January 2025
Our Ref: FOI 2024-721
Jarred Crowe
Right to Know
By email only: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Jarred
FREEDOM OF INFORMATION REQUEST – NOTICE OF DECISION – 2024-721
I refer to your request received by the Department of Education (the
Department) for documents
under the
Freedom of Information Act 1982 (the
Act).
Your request
On 4 August 2024, you sought to access:
‘…documents under FOI relating to the Capital Works project taking place at Barwon Valley
School. Specifically, works being carried out with 2020/21 state budget funding that is referred
to by the VSBA as "Upgrade and Modernisation - Stage 2"
I kindly request the following documents.
1. Project team meeting minutes from the commencement of the project to 4 August 2024
inclusive.
2. All versions of the project delivery schedule/timeline from the commencement of the
project to 4 August 2024 inclusive.
3. All Correspondence sent and received by the senior project officer or other VSBA staff
concerning the following topics:
3a. Modification or reduction to the scope of the project,
3b. Architectural, engineering, building or construction defects or faults,
3c. Legal disputes with suppliers, contractors or vendors,
3d. Delays in the occurrence of works / project schedule adjustments,
3e. Impacts on the education delivery and day-to-day operations of Barwon Valley
School.
4. Any documents similar to an executive summary or presentation that explains the facilities
and buildings that were to be delivered under the original scope of the project.
Your details will be dealt with in accordance with the
Public Records Act 1973 and the
Privacy and Data Protection Act 2014. Should you have any
queries or wish to gain access to your personal information held by this Department please contact our Privacy Officer at the above address
1
On 26 August 2024, the FOI Unit wrote to you advising that your request would be likely to constitute
an unreasonable diversion of the Department’s resources in accordance with section 25A(1)(a) of the
Act. On 27 August 2024, you agreed to vary your request to the following:
I therefore would like to adjust the scope of my request to remove Items 3, 3a, 3b, 3c, 3d & 3e
from my request meaning the scope of the request is now:
1. Project team meeting minutes from the commencement of the project to 4 August 2024
inclusive.
2. All versions of the project delivery schedule/timeline from the commencement of the project
to 4 August 2024 inclusive.
4. Any documents similar to an executive summary or presentation that explains the facilities
and buildings that were to be delivered under the original scope of the project.
Further, on 27 August 2024, you confirmed with this office that you do not require access to draft
and duplicate documents as well as commercial or personal information related to third parties. You
do require access to documents released in part.
The timeframe applying to your request
The due date for your request was 1 November 2024. I sincerely apologise for the delay in processing
your request. Unfortunately, the Department is experiencing a dramatic increase in received requests,
whilst at the same time, a large turnover in staff, which we have only now been able to replace.
Thank you for your patience when it comes to this request, we do appreciate it.
Documents
A thorough and diligent search has been conducted to identify documents held by the Department
which meet the terms of your request.
The FOI Unit caused searches to be undertaken by the Victorian School Building Authority.
Decision and reasons for decision
Authority to make this decision
I am an officer authorised by the Secretary of the Department under section 26(1) of the Act to make
decisions in relation to FOI requests on behalf of the Department.
Material taken into account
I have taken the following material into account in making my decision:
• the content and nature of the documents that fall within the scope of your request;
• the terms of your request;
• the Act (specifically sections 3, 13, 16 and 25); and
• the searches undertaken by the Department.
2
Decision
I have decided to grant access in full to six classes of documents with irrelevant matter redacted under
section 25 of the Act.
Section 25 - Irrelevant information
Among the documents discovered are pages that contain irrelevant information. Section 25 of the
Act relates to irrelevant and exempt matter.
I note you have consented to the removal of commercial and personal information relating to third
parties. Pursuant to the requirement set out in section 27(1)(c) I am advising you that the irrelevant
matter has been redacted and stamped ‘Not Relevant’.
A copy of the document released with applicable redactions will be provided to you with this
Notice of Decision
Your rights
If you are dissatisfied with any aspect of my decision, you may, under section 49A(1) of the Act apply
to the Information Commissioner for a review. Your application must be made within 28 days after
receipt of this decision.
The contact details for the Commissioner are as follows:
Public Access Deputy Commissioner
Office of the Information Commissioner
PO Box 24274
MELBOURNE VIC 3001
Ph 1300 006 842
Email:
xxxxxxxxx@xxxx.xxx.xxx.xx
Alternatively, you may make a complaint about the way in which the Department managed your
request, which must be submitted to the Information Commissioner within 60 days after you receive
this notice of decision.
More information about reviews and complaints to the Information Commissioner, including a form
to assist you in making your complaint, is availab
le at www.ovic.vic.gov.au. Contacting the Department regarding your decision
If you wish to discuss this decision, please contact the FOI Unit on (03) 7022 0856 or by email at
xxx@xxxxxxxxx.xxx.xxx.xx quoting our reference number as indicated at the top right hand corner of
this letter.
Yours sincerely,
Shane Skelton
Team Leader - Freedom of Information
3
FOI 2024-721
Schedule of documents
Doc no
Date
Pages Description
Decision on access
Exemption
1
16 February 2021 – 4
304
Point 1 combined documents
Full access
N/A
July 2024
2
2021-2024
50
Point 2 combined documents
Full access
N/A
3
30 September 2021
70
Point 4 combined documents - Part 1
Full access
N/A
4
30 September 2021
70
Point 4 combined documents - Part 2
Full access
N/A
5
30 September 2021 –
70
Point 4 combined documents - Part 3
Full access
N/A
27 April 2021
6
27 April 2021 – 20
69
Point 4 combined documents - Part 4
Full access
N/A
May 2021
633
Your details will be dealt with in accordance with the
Public Records Act 1973 and the
Privacy and Data Protection Act 2014. Should you have any
queries or wish to gain access to your personal information held by this Department please contact our Privacy Officer at the above address
4
