Australian Education Union v The Human Rights and Equal Opportunity Commission

In the case of Australian Education Union v The Human Rights and Equal Opportunity Commission, the applicant, the Australian Education Union, sought judicial review of a decision made by the Inquiry Commissioner of the Human Rights and Equal Opportunity Commission. The dispute centred around the merits and legality of the Commissioner's decision, which was rendered on 26 June 1997. The legal issues before the court involved whether the Inquiry Commissioner's decision was correct in law, including whether the decision was made in accordance with the applicable legislation and whether there were any procedural errors that might have affected the outcome.

The court examined whether the Inquiry Commissioner adhered to the correct legal principles and procedures in reaching their decision. Key considerations included the interpretation of the relevant statutory provisions and whether there was any bias or procedural unfairness that could have impacted the fairness of the decision-making process. The court found that the Commissioner had indeed erred in law, leading to a decision that was not in accordance with the applicable legislation. As such, the court held that the decision of the Inquiry Commissioner was flawed and needed to be set aside.

Consequently, the court ordered that the decision of the Inquiry Commissioner be set aside, and the complaint be remitted back to the first respondent for reconsideration in accordance with the law. Additionally, the court directed that the second respondent, who was the party against whom the complaint was made, pay the taxed costs of both the applicant and the first respondent in relation to the application. The court reserved the liberty to allow further applications if necessary.