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Lecture 10

PAP2320Lecture 10.docx

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Public Administration
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Roger Rickwood

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Lecture 10February05141249 PM February 5th 2014Administrative LawAdmin law common law rules of review of administrative agencies and decision makersincludes statutory review if there is a statutory appeal and any written statutory procedure guarantees as in the Statutory Powers Procedure Act the Federal Court Act and the Rules of the Federal Courtcan include constitutional review procedures under the Charter and S7 fundamental justice major part centres around the principles of natural justice and rules against bias and apprehended biasoquasi judicial setting the tribunal must conduct a fair formal hearing and give all recognized parties a say in the proceedingsmeans being notified in time being allowed to make submissions sometimes in an oral hearing and the right to cross examine and rebut claims made against you as a partyoright to unbiased decision maker in that the decision maker cant appear to be biased apprehension of bias or actually biasedodecision maker has to make hisher decision on the evidence before the board and other evidence which does not come before the board has to be sent to the parties for review and comment and maybe even an additional day of hearingoOne is entitled to a decision and reasons although written reasons are usually a product of a statutory requirementtribunal decision can
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