Review of Administrative Decisions for Public Complaints (5:III): Difference between revisions
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Review of Administrative Decisions for Public Complaints (5:III) (view source)
Revision as of 01:43, 7 August 2020
, 7 August 2020→(2) Duty to Act Fairly
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===== (2) Duty to Act Fairly ===== | ===== (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 | 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. | 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. |