The Victorian Supreme Court has upheld a student's claim,
under the Freedom of Information Act, for access to
examinations papers and marking guides.
Case Facts
Mr McKean, a student at the University of Melbourne, sought
access under the Freedom of Information Act 1982 (Vic) to
the marking guides for two subjects as well as his examination
paper for one of those subjects. The University refused on the
basis that the marking guides were exempt under sections 30(1)
('Internal working documents') and 34(3)(c) ('Documents
relating to trade secrets') of the Act and the examination
paper was exempt under section 34(4)(c) of the Act.
VCAT (Tribunal) found that neither the marking guides nor the
examination papers were exempt and the University was ordered to
release the documents to Mr McKean. The University appealed the
Tribunal's findings in relation to section 34(4)(c) of the Act
only.
