GA v The University of Sydney (GD)

In the case of GA v The University of Sydney (GD), the applicant sought to amend a decision of the Commonwealth Ombudsman which had dismissed her request for access to her personal records under the Freedom of Information Act 1982 (Cth). The dispute was heard in the Federal Court of Australia and subsequently appealed to the Full Court of the Federal Court. The central issue before the court was whether the applicant could amend her decision to include a new claim regarding the amendment of her personal records. The University of Sydney argued that the application was a collateral attack on the original decision and that the tribunal should not consider it.

The Full Court held that the application was not a collateral attack but rather a request to amend the proceedings before the tribunal. The court found that the application was within the tribunal's jurisdiction to consider, as it related to the original decision and the applicant's right to access her personal records. The court further held that the tribunal had the discretion to hear the matter on paper if it considered it appropriate. The Full Court dismissed the appeal, holding that the tribunal had not erred in considering the application and that the applicant's right to access her personal records was not prejudiced by the tribunal's decision.

The Full Court's reasoning was based on the tribunal's discretion to hear matters on paper and the applicant's right to access her personal records under the Freedom of Information Act. The court held that the application was not a collateral attack but rather a request to amend the proceedings before the tribunal. The court found that the tribunal had not erred in considering the application and that the applicant's right to access her personal records was not prejudiced by the tribunal's decision. The appeal was dismissed, and directions were given in relation to the respondent's foreshadowed application for costs.