Professional Documents
Culture Documents
Fairness is minimum duty must be met, Duty of fairness promotes the better- informed decision making process, better policy outcome, helps to ensure that individuals are with respect in the administrative process. Duty of Fairness require two things R. to be heard R. to independent and mpartial hearing ISSUES !hether there is breach of duty of fairness" !hat does the duty of fairness require in relevant circumstances" #as the threshold of the application of the duty has been met"
#ontents of Duty of fairness +fairness required in following, +pg. -17, )riminal (aw prosecution #uman Rights 4djudication (icensing Regulation #ontents +pg. -/7--/1,&otice' reasonable opportunity to present proofs and arguments and to respond those, presented in opposition. Disclosure- duty to disclosure can be tailored according to the needs of particular circumstances. & () procedure in statute. Oral $earing' 8ood reason for not granting, including e%pense and delay. *) to #ounsel +no right in admin proceding,, *) to call e+idence and cross'e,amination % right is solely on will of the holder of the right. -imeliness and Delay % 9ribunals generally not bound by the time periods, provide less formal, less e%pensive, but not speedy. 0ometime the members are part time. Duty to gi+e reasons % 0cope of this duty is limited, given in Baker case, reasons are not required for all decisions, e%cept in certain circumstance given below: Significant Importance for indi+idual *equired if appeal process e,ist .udicial *e+ie/ of Duty of Fairness' Cardinal case rule SCC !reac$ of duty of fairness can ma"e t$e decision in+alid, doesn;t matter what the law says.