Difference between revisions of "Review of Administrative Decisions for Public Complaints (5:III)"

Review of Administrative Decisions for Public Complaints (5:III) (view source)

6 bytes removed , 01:43, 7 August 2020

5,109

edits

@@ Line 132: / Line 132: @@
 ===== (2) Duty to Act Fairly =====
-Tribunals have a common-law duty to act fairly.  At its most basic level, the doctrine of fairness requires that a party be given the opportunity to respond to the case against him or her.  The circumstances determine whether this response is a written objection or a full oral hearing.  As a corollary to the right to present one’s case, the legal maxim that only the people who hear the case may decide on it applies to tribunals.  The tribunal must meet quorum but need not be unanimous.
+Tribunals have a common-law duty to act fairly.  At its most basic level, the doctrine of fairness requires that a party be given the opportunity to respond to the case against them.  The circumstances determine whether this response is a written objection or a full oral hearing.  As a corollary to the right to present one’s case, the legal maxim that only the people who hear the case may decide on it applies to tribunals.  The tribunal must meet quorum but need not be unanimous.
 The extent of disclosure depends on what is fair to all parties involved and whether the information at issue is prejudicial to an individual’s interests (i.e., failure to disclose inconsequential information may not be fatal).  At the very least, a party must know which incidents and allegations will be at issue when the decision is made.