Law of Australia Essay | Administrative Law in Australia -- Notes on Natural Justice

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Administrative Law in Australia -- Notes on Natural Justice

Summary: Notes on Natural Justice in Administrative Law in Australia
NATURAL JUSTICE
  1. Natural justice concerns human rights e.g. a right to procedure
  2. 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
  3. Natural Justice usually applies to courts, and Procedural Fairness is the issue when extended to administrative bodies.
Procedural fairness

1 The three rules: hearing rule, the bias rule and the no evidence rule.

The procedural fairness requirement involves two basic steps:

  1. Is the body required to afford a degree of procedural fairness/Natural Justice?
  2. 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.
  3. If so, what does this requirement entail in this particular case?
(1) That a DM makes proper...

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This section contains 7,750 words
(approx. 26 pages at 300 words per page)
Buy the Student Essay on Administrative Law in Australia -- Notes on Natural Justice
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