High Court of Australia

Osland v Secretary to the Department of Justice [2010] HCA 24

241 CLR 320; 84 ALJR 528; 267 ALR 231

23 Jun 2010

Case Number: M11/2010

Before

French CJ, Gummow, Hayne, Heydon, Kiefel, Bell JJ

Catchwords

Administrative law – Freedom of information - Exempt documents - Petition for mercy denied by Governor acting on advice of Attorney-General - Attorney- General had received legal advice from various sources - Attorney-General issued press release mentioning advice from one source that petition should be denied but did not mention advice from other sources - Freedom of information request by petitioner for all advices granted upon review by Victorian Civil and Administrative Tribunal ("VCAT") - VCAT of opinion that public interest required access to all advices to be granted - Whether open to VCAT to form opinion that public interest required access to be granted - Relevance of differences between advices.

Administrative law – Judicial review - Where Victorian Civil and Administrative Tribunal Act 1998 (Vic) ("Act") provided for appeal to Court of Appeal on a question of law and empowered Court of Appeal to make orders on appeal including orders VCAT "could have made" - VCAT of opinion that public interest required disclosure of all advices - Court of Appeal examined advices and formed own view, without considering the correctness of VCAT's analysis, that public interest did not require access to be granted - Nature of "appeal" under Act - Whether VCAT decision attended by error of law.

Words and phrases – "appeal", "exempt documents", "public interest".

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

Victorian Civil and Administrative Tribunal Act 1998 (Vic) – ss 148(1), 148(7).

View   RTF



PDF MD5: b6e5a6c540a0ba12b88c5f2e0505e960
RTF MD5: c9b79d1118f641e6c4b30b29e8881b93