JSB171 Lecture Notes - Lecture 5: Natural Justice, Statutory Interpretation, Temporary Protection Visa
Document Summary
Ground of jr natural justice / procedural fairness. Here it is necessary to examine the following grounds: The [s5(1)(a) ad(jr) act (cth) / s20(2)(a) jr act (qld)] mirrors the cl rules regarding nj. In order to determine whether nj has been breached: kioa v west (brennan j: will the rules of nj apply? (threshold test, what will the rules of nj require in the circumstances (content hearing/bias) What is nj: free-standing cl rule which puts a duty on decision-maker to act fairly: kioa v west (mason j); impliedly. Miah (gaudron & mchugh jj); or: implied statutory constraint on the exercise of administrative and judicial power: kioa v west (brennan j) First check if the provisions creating the decision-making body include requirements of nj - In kioa v west the hc has taken the approach that the cl prescribes nj as either a duty or implies the rules.
