Administrative Law in Australia -- Notes on Natural Justice Essay
<li value="1"> Natural justice concerns human rights e.g. a right to procedure
<li value="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
<li value="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:
<li value="1"> Is the body required to afford a degree of procedural fairness/Natural Justice?
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<li value="1"> Natural justice is attracted where fundamental rights (property rights etc) and interests were interfered with
<li value="2"> This case established a broad entitlement to natural justice.
FAI Insurances v Winneke (1981) HCA
Facts: Was there legislative intention to reserve the decision to the political realm and exclude the right to procedural fairness
NJ does not only apply to judicial, quasi-judicial or duty to act judicially. Demise of the duty to act judicially requirement. There is now a broader right.
<li value="1"> Where power exercised is statutory, do not need requirement in the stature that the party affected has a right to be heard.
<li value="2"> Cooper -no requirements that party be heard, common law will supply natural justice such that party can be heard
<li value="3"> NOT limited to cases where rights are affected, but extended to where interests or privileges are affected.
The considerations in deciding this case included 3 issues
1) FAI regarded the renewal of license as right because they had a legitimate