High Court of Australia

Osland v Secretary to the Department of Justice [2008] HCA 37

234 CLR 275; 82 ALJR 1288; 249 ALR 1

7 Aug 2008

Case Number: M3/2008

Before

Gleeson CJ, Gummow, Kirby, Hayne, Heydon, Kiefel JJ

Catchwords

Administrative law – Freedom of information - Exempt documents - Freedom of Information Act 1982 (Vic), s 50(4) empowered Tribunal to decide access should be granted to exempt documents if of opinion that public interest required access to be granted - Whether, in circumstances of this matter, Court of Appeal erred in concluding no basis for Tribunal to exercise power, when Court of Appeal did not examine documents.

Practice and procedure – Legal professional privilege - Waiver - Legal advice obtained in relation to petition for exercise of prerogative of mercy - Whether issue of press release disclosing existence and effect of advice inconsistent with maintenance of confidentiality in content of advice.

Words and phrases – "legal professional privilege", "mercy", "pardon", "public interest", "public interest override", "waiver".

Freedom of Information Act 1982 (Vic) – ss 30, 32, 50(4).

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