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Procedural Fairness.
Local Councils MUST offer Procedural fairness in dealing with any person whose interests, rights, or liberties will be affected by the decision. (see Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326, per Kiefel, Bell and Keane JJ)
What happens if there is a breach of procedural fairness?
A breach of procedural fairness is a legal error and may affect the validity of a decision where it has deprived the affected person of a successful outcome. An affected person may challenge a decision on the basis that the decision‑maker failed to afford procedural fairness.
An example of Procedural Fairness.
​A review of a decision should not be conducted by a person with a perceived bias or interest in the decision.
If you suspect you have been denied procedural fairness, please get in touch at info@councilwatch.com.au
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