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Administrative Law in Australia -- Notes on Natural Justice
Summary: Notes on Natural Justice in Administrative Law in Australia
NATURAL JUSTICE
- Natural justice concerns human rights e.g. a right to procedure
- Denial of natural justice is a ground of review against an administrative decision: ADJR Act ss.5(1)(a), 5(1)(h)(3), 6(1)(a) and 6(1)(h)(3) => ss.5(1)(a) is a distinct and independent ground of review
- Natural Justice usually applies to courts, and Procedural Fairness is the issue when extended to administrative bodies.
1 The three rules: hearing rule, the bias rule and the no evidence rule.
The procedural fairness requirement involves two basic steps:
- Is the body required to afford a degree of procedural fairness/Natural Justice?
- May be circumstances where there is no requirement of NJ. To which decisions does NJ apply? NJ applies to a decision that has substantial consequences for an individual.
- If so, what does this requirement entail in this particular case?
This section contains 8,034 words (approx. 27 pages at 300 words per page) |