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WEEK 8: CH 11- Procedural Fairness Application And Exclusion
Page 1/16

WEEK 8: CH 11- Procedural Fairness Application And Exclusion

200013 - Administrative Law

16 Pages Western Sydney University Partial Study Notes Year: Pre-2017

Natural Justice or Procedural Fairness?  Terms used interchangeably, the more modern term is arguably both broader and thinner as PF cover a wider range of decision makers and may also involve more than a hearing by an unbiased decision maker (such as the right to be given reasons) - It is thinner because the standards required may be easier to meet  In Kioa v West Mason J: “The expression “procedural fairness” more aptly conveys the notion of a flexible obligation to adopt fair procedure which are appropriate and adapted to the circumstances of a particular case. The statutory power must be exercised fairly, that is, in accordance with procedures that are fair to the individual in the light of the statutory requirements.”  various enactments retain the older terminology, without discernibly affecting the interpretation of the courts e.g. ADJR Act The modern rationale for the principle is said to rest on three bases: 1. Fairness to the individual or business 2. The rule of law- that is protection fro


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