Can we file an injunction on VCAA to invalidate that section of the exam, for using this article and the COMMENTS (which is plagiarism), I'm sure they got consent from the writer, but not the people making the comments :p
I'm no expert with legal stuff, but by commenting on The Age, you agree to their conditions:
Your Material
By uploading, transmitting, posting or otherwise making available any Material via the Fairfax Network, you:
(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
(b) except where expressly stated otherwise, also grant each user of the Fairfax Network a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Conditions;
(c) warrant that you have the right to grant the abovementioned licences;
(d) warrant that the Material does not breach the Conditions; and
(e) unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.
So, yes, it seems that The Age holds the rights to the comments on their website - since by commenting, you give them that right.
Also can't it be argued that maybe on some off chance a class of students may have inadvertently analyzed it during the year as practice?
The same goes for essay topics, or even trial exams. Just because something on the exam is similar to a trial exam (you'd probably notice this a lot in maths/science exams particularly), doesn't mean that the student has an unfair advantage. It'd be more like the student has studied hard and is prepared for all possible situations that could come up on the exam.
edit: btw, I didn't quote the entire conditions page in this post - there's more on there.