(a) The Court of Appeal did not perform the task required of it in accordance with the High Court's remittal in that it failed to determine that, in the circumstances of the present case, s 50(4) of the Freedom of Information Act 1982 (Vic) was enlivened as a result of material differences in the various legal advices the Attorney General received
(b) The Court of Appeal erred in concluding that, notwithstanding the content of the press release, there was nothing in the content of the legal advices and nothing in the revealed differences and the extent between those advices, that attracted the operation of s.50(4) of the FOI Act.
Mrs Osland was convicted of the murder of her husband, after having endured years of domestic violence, but her son who committed the act was acquitted. She was sentenced to 14 years 6 months imprisonment with a non-parole period of 9 years 6 months and released on parole in July 2005.Mrs Osland initially won the right to access legal advice that formed the basis for the Attorney General's decision to refuse the mercy petition. Appeals have been running ever since.