Lynch v Human Rights and Equal Opportunity Commission

This matter came before the High Court of Australia on an application for special leave to appeal by Ms Lynch, who appeared in person. The application concerned a freedom of information request for documents that Ms Lynch alleged were defamatory and damaging to her character and profession. The Human Rights and Equal Opportunity Commission was the first respondent, and the Sisters of Charity were the second respondent. Ms Lynch sought access to these documents, which she claimed were still being circulated, to protect her reputation.

The legal issues before the Court included whether there were grounds to justify hearing Ms Lynch in person, and more substantively, whether there had been an error of law or a gross miscarriage of justice in the decision of the court below, which had upheld the withholding of the documents. Ms Lynch contended that relevant considerations, specifically that the documents were personal and related to her, had not been given adequate weight. She also raised issues concerning the Administrative Appeals Tribunal Act, alleging an improper exercise of power by the tribunal when an interested party, the second respondent, was admitted with legal representation and introduced fresh evidence without notice.

Ms Lynch argued that the tribunal's admission of new evidence without notice, particularly an exemption under section 43(1)(c)(ii) of the Administrative Appeals Tribunal Act, was unfair, especially as she was unrepresented at the time. She further submitted that a relevant subsection, 43(2), was not considered by the tribunal. The Court was required to determine if these procedural irregularities and the alleged failure to consider relevant personal aspects of the documents constituted a miscarriage of justice warranting intervention.