(i) (75%) OZCHEM has not yet decided whether to appeal. However, you are approached by the Purple Heart Foundation, a lobby group for breast cancer sufferers, including some currently undergoing various forms of treatment. The Foundation seeks your advice as to its prospects of successful appeal using either avenue. Specifically – it asks you to set out in detail the arguments you would make to each body, and it asks you to advise on the prospects of success for those arguments. Finally, it asks you whether it would be better to appeal to the AAT or to the Federal Court and why.

(ii) (25%) OZCHEM wants to know exactly which overseas clinical trials the PBT relied upon. It has made a Freedom of Information (FOI) Act application seeking ‘all documents relied upon or considered by the PBT in relation to its decision not to recommend registration of OXON.’ This application has been refused, and the Minister of Health has issued a ‘conclusive certificate’ under s36(5) of the FOI Act, stating that it would not be in the public interest to release such documents as “this would make it less likely that the PBT would freely and frankly communicate its views to him”. Under the FOI Act, where a Minister has ‘reasonable grounds’ for his belief that release of documents would not be in the public interest, those documents cannot be released under the Act. OZCHEM wants to know whether there are any prospects of successfully challenging the Minister’s certificate and thus obtaining the documents under the FOI Act. Alternatively, it asks if you can suggest any other possible ways of obtaining them.

We don't need to do part (ii) on FOI, yeah?

Btw, Mun I like your red panda avatar!!!! xD