DEGENHARDT & AMBULANCE VICTORIA (No.2)

In *Degenhardt & Ambulance Victoria (No.2)*, the Supreme Court of Victoria considered a dispute between Ms Degenhardt and Ambulance Victoria concerning the latter's refusal to provide Ms Degenhardt with a copy of her ambulance attendance report. Ms Degenhardt had requested the report under the *Freedom of Information Act 1982* (Vic) (the FOI Act), but Ambulance Victoria had denied access, citing exemptions under the Act.

The central legal issue before Wilson J was whether Ambulance Victoria had lawfully refused access to the requested report. Specifically, the court had to determine if the information contained within the report was exempt from disclosure under the FOI Act, particularly concerning personal affairs and information provided in confidence.

Wilson J reasoned that the FOI Act requires a balancing of the public interest in disclosure against the need to protect personal information and confidential dealings. The court examined the nature of the information within the report, considering whether it constituted an "unreasonable disclosure of information relating to the personal affairs of any person" or if it was provided to Ambulance Victoria in confidence. The judge applied the principles of statutory interpretation to the relevant provisions of the FOI Act, weighing the applicant's right to access information against the potential harm or prejudice that disclosure might cause.

Ultimately, Wilson J found that Ambulance Victoria had not discharged its onus to demonstrate that the exemptions it relied upon were applicable. Consequently, the court ordered that Ambulance Victoria provide Ms Degenhardt with a copy of the requested ambulance attendance report.