This is a single section from Chapter 3. Read the full chapter here.

Natural justice

The exercise of powers under legislation must be subject to the principles of natural justice where appropriate.


Natural justice: This is a flexible concept, the purpose of which is to ensure people are dealt with fairly. First, decision makers must be unbiased in respect of the matter before them. Second, decision makers must provide those affected by the decision with the opportunity to be heard. The exact requirements of natural justice will vary depending on the particular context of the case, having regard to the importance of the rights and interests involved. Natural justice operates at its highest level in the case of criminal trials, with strict procedural requirements; the requirements of natural justice in a licencing decision may be less stringent.


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