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WEEK 11: Requirements For Procedural Fairness- The Hearing Rule & The Bias Rule

LAWS 3081 - Administrative Law

14 Pages Topic Notes Year: Pre-2021 Previously uploaded under: 200013 - Administrative Law

The Right to know the Matters to be considered Minimal requirement of procedural fairness: a person affected by a decision must be told of material prejudicial to their case and be given a fair opportunity to respond.  Re Macquarie University; Ex parte Ong (1989): a decision to declare vacant Ong’s position as Head of the Law School was partly based on material of which Ong had not been informed. Hope JA declared this a breach of natural justice.  Kioa v West (1985): Brennan J said that in the ordinary case, an opportunity should be given to a person affected by a decision to deal with any adverse information that is “credible, relevant and significant”. That approach was confirmed in SZBEL v minister for immigration and multicultural and indigenous affairs (2006). Mason J went further, in his view the common law would require the decision-maker to bring to the attention of the person the critical issue or factor on which the decision was likely to turn.  The right to know principle was tempered in Bond v Australian Broadcasting Tribunal (No 2) (1988): Alan Bond lost his bid to be informed of all the matters to be considered in an inquiry into whether he was a fit and proper person to hold a broadcasting licence. Federal court stated that the inquiry remained an investigative proceeding, rather than an adversarial hearing. Procedural fairness required only that Bond be given a chance to reply to such prejudicial material as was presented to the inquiry. o Wilcox: did not grant Bond the right to be informed of all the matters to be considered in the inquiry. The inquiry was an investigative and inquisitorial proceeding and not an adversarial one  VEAL v MIMA (2005): HC held that the RRT had


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