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

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.

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?
4. 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.
2. If so, what does this requirement entail in this particular case?

(2) Hearing...
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