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