Our ref: 18-24293

Dear Mr Beames.

I refer to your email of 13 February 2018 received by the Department of
Economic Development, Jobs, Transport (DEDJTR) in which you sought the
following information:

" 1)  CCTV footage between from 2/2/2018 between 09:10 and 09:30 showing a
cyclist being forced off the bike path in front of a bus after turning
into Tarneit station off Derrimut Road".
Requirements for Identifying Documents under Freedom of Information (FOI)
Before your enquiry can proceed to a valid FOI request it must:
·        Be accompanied by an application fee of $28.40 or proof of
hardship to waive the fee. The fee increases on 1 July every year.
 Payment can be made by cheque or money order to the Department of
Economic Development, Jobs, Transport and Resources
·        The department, through the Keeper of Evidence, is responsible
for the task of storing and disseminating any CCTV footage  secured on
trains and trams.  However, the Keeper of Evidence is not responsible for
CCTV footage on buses.  A request for bus footage should be directed to
the relevant operator.
·        When requesting CCTV footage, you must provide necessary
information so we can identify you.  This may include photo ID. However,
cameras capture footage with a variety of clarity, locations, distances
and angles and may include the images of many other people. In order to
identify which footage will be identify the event, please provide any
further description of what you might be wearing, carrying or the like to
assist us to find the footage.  If a motor vehicle is involved, describe
the vehicle and provide the registration number.
·        CCTV footage is usually kept for 30 days before it is written
over, unless a request is made to the Keeper of Evidence who holds footage
for the State
·        For solicitors representing clients, a signed authority to act on
behalf of their client will be required accompanied by identification
·        Processing your request will only begin once a valid request has
been received
·        Asking for several hours of footage will invite a consultation to
narrow the request. CCTV footage can take many hours to process large
volumes. We must also consider the rights of other people captured on film
that are not part of the request. These must be redacted so as not to
release the personal affairs of bystanders. Usually, a few minutes of
footage should be reasonable to process.

Processing of your request will commence once a valid FOI request is
received.

Freedom of Information
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, some documents may be identified by the FOI Act as
exempt documents. The FOI Act also provides for documents containing
exempt matter to be released in part, after the exempt matter has been
deleted and where it is practicable to do so.

For example, a document is exempt from release if it contains information
about the personal affairs of another person, and if its release would be
unreasonable. CCTV is in place to assist rail operators to monitor safety
and operational matters.  There is a widely held understanding by the
community that CCTV is in place across the public transport network for
operational and law enforcement purposes.  Commuters should therefore have
the confidence that CCTV will not be used in an intrusive way or put to
another purpose or widely disseminated.

Documents that relate to an ongoing investigation by the police or subject
to a court case, will also likely be exempt under FOI until after the case
is heard. This protects the case from prejudice if the documents were
released before they were heard.

Because the FOI Act allows for exempt material to be removed from a
document, the footage may not be released to you in full. If you require
longer footage for a legal case, your solicitor may be able to access
footage as part of the discovery of documents process.

If you do not reply to this letter within 28 days of the date below, it
will be taken that you do not wish to pursue the request further and close
the request.

Yours sincerely

FOI Unit
Government and Parliamentary Services | Ministerial and Portfolio Services
   
Department of Economic Development, Jobs, Transport and Resources  
1 Spring Street, Melbourne, 3000  
Email: [email address]
Website: [1]https://economicdevelopment.vic.gov.au/

From:        Adam Beames <[FOI #4377 email]>
To:        "FOI requests at Victorian Department of Economic Development,
Jobs, Transport and Resources" <[Victorian Department of Economic Development, Jobs, Transport and Resources request email]>
Date:        13/02/2018 10:02 PM
Subject:        Freedom of Information request - [DEDJTR Ref# 60550] FOI
request in relation to Tarneit station

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Dear Victorian Department of Economic Development, Jobs, Transport and
Resources,

Can I please get access to the following under the FOI Act?

1) CCTV footage between from 2/2/2018 between 09:10 and 09:30 showing a
cyclist being forced off
the bike path in front of a bus after turning into Tarneit station off
Derrimutt Road.  

This footage has been archived by the CCTV Team under reference# 60550 as
per
[2]https://urldefense.proofpoint.com/v2/url...

Yours faithfully,

Adam Beames

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Please use this email address for all replies to this request:
[FOI #4377 email]

Is [Victorian Department of Economic Development, Jobs, Transport and Resources request email] the wrong address for Freedom of Information
requests to Victorian Department of Economic Development, Jobs, Transport
and Resources? If so, please contact us using this form:
[3]https://urldefense.proofpoint.com/v2/url...

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[4]https://urldefense.proofpoint.com/v2/url...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

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