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International Law

: Open and Shut

Another FOI case bound for High Court

By Peter Timmins

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The High Court of Australia has granted leave to Heather Osland to appeal a Victorian Court of Appeal decision that documents that formed the basis for refusal of her mercy petition, should not be disclosed to her under the Victorian Freedom of Information Act. Osland was jailed for nine years for the murder of her husband, while her son who delivered the blow that killed him, was acquitted.

The Victorian Attorney General claimed legal professional privilege for the documents. The Court of Appeal overruled the Victorian Civil and Administrative Tribunal, finding that the Tribunal had erred in law in deciding that the documents should be released on public interest grounds.

Full post as published by Open and Shut on December 16, 2007 (boomark / email).

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