Victorian Health Department Directed to Disclose COVID Restriction Official Guidance

A court ruling requires Victoria’s Health Department to process Freedom of Information (FOI) requests related to public health orders implemented during the pandemic.

The documents that supported decisions regarding policies like curfews for Victorian citizens and closures of children’s playgrounds during lockdown periods in the state were at the center of the case.

Mr. Davis had submitted four FOI requests for information, all of which were initially refused by the Victorian Information Commissioner.

Ultimately, the Victorian Civil and Administrative Tribunal reviewed the decision to deny the FOI requests.

The health department argued that processing the combined FOI requests would excessively drain resources from other operations.

FOI Manager Cites Lack of Resources

FOI and Legal Compliance Manager Michael Cain mentioned they were dealing with around 115 briefs, ranging from 13 to 380 pages, with an average of 40 to 60 pages, at the time.

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Mr. Cain estimated that it would take an experienced FOI officer 305 to 370 work days to fully process the FOI requests.

However, Vice President Judge Caitlin English found this timeframe unrealistic but acknowledged that it still required a substantial amount of dedicated time.

The judge determined that the requests were manageable given the health department’s size, despite the reduced manpower in the FOI unit.

Releasing Documents in the Public Interest: Judge

The judge emphasized a “high degree of public interest” in releasing factual material related to public health orders.

The judge was not convinced that the department accurately estimated the resources needed for processing the FOI requests.

“The Department has not proven that it reasonably estimated the resources required to process the requests. Considering the significant public interest and the purpose of the FOI Act,” Judge English stated.

“The resources needed for processing the request are significant, but manageable for the Department and its FOI unit. It will not excessively and unreasonably divert the agency’s resources from other operations,” she added.

Ultimately, the judge directed the agency to process Mr. Davis’s requests according to the FOI Act.

“The Department has not convinced me that processing the request would excessively and unreasonably divert its resources from other operations,” the judge concluded.

Reflecting on Victoria’s Lockdowns

Melbourne, Victoria endured a total of six lockdowns during the pandemic, totaling 262 days between 2020 and 2021.

The city experienced two lockdowns in 2020, from March 26 to May 12 and again from July 8 to October 27. In 2021, lockdowns occurred from February 12 to 17, May 27 to June 10, July 15 to 27, and August 5 to October 21.

In a submission to the Federal COVID-19 inquiry, former Federal Health Minister Greg Hunt revealed that the curfew and radius restrictions went against medical advice.

He advised states to be transparent and publish their medical advice in case of future pandemics.

He emphasized that social distancing measures were largely implemented through coordination by the national cabinet, with some states later making individual decisions.

“National Cabinet developed a series of step-up and step-down distancing measures as part of the COVID Roadmap. This included nationally agreed restrictions on gatherings based on medical advice,” Mr. Hunt explained (pdf).

“Subsequent unilateral decisions of some states outside of the National Cabinet framework, such as Victoria’s curfews or 5 km movement restrictions, were not based on Commonwealth advice, and the medical advice for such restrictions, to the best of my knowledge, was not released or affirmed at the state level,” he added.

“There will be no exceptions to remove masks for outdoor alcohol consumption. You cannot remove your mask to drink at a temporary beer garden on a footpath during a pub crawl,” Mr. Andrews stated.