McKean v Attorney-General and Justice

The McKean v Attorney-General and Justice case involved the appellant, who sought access to information held by the respondents under the Freedom of Information Act 1982 (Cth). The appellant requested the disclosure of marking guides, examination scripts, and results related to a specific admissions board examination. The respondents refused the request, citing overriding public interests against disclosure. The appellant appealed to the Federal Court of Australia, which affirmed the decision to refuse access.

The legal issues before the court were whether the overriding public interest against disclosure existed and whether the information sought was government information provided in confidence. Additionally, the court examined whether the conduct, effectiveness, or integrity of the admissions board examination would be prejudiced by the disclosure of the information. The court also considered whether the public interest in maintaining the confidentiality of the information outweighed any public interest in disclosure.

The Federal Court found that the public interest in maintaining the confidentiality of the information outweighed any public interest in disclosure. The court held that the information sought was government information provided in confidence, as it related to the administration of the admissions board examination. Furthermore, the court determined that disclosure of the information could prejudice the conduct, effectiveness, or integrity of the examination process. As a result, the court affirmed the decision to refuse access to the information sought by the appellant.