Implying A "Fair Go" In Government Decision-Making

KEY TAKEAWAYS

Procedural fairness generally applies to all government decisions affecting a person's rights or interests, unless there is a clear Parliamentary intention evident in the relevant legislation to exclude procedural fairness.

The content of procedural fairness is not fixed. It changes depending on its statutory content and context. Generally, procedural fairness provides that a person affected by a government decision should be given notice of the decision to be made and be given a reasonable opportunity to respond, as well as benefitting from the decision being made without bias, based on logical evidence.

Failure to afford procedural fairness can have significant consequences. It can lead to the decision being reviewed, and if successful in showing there has been a breach of procedural fairness, the decision being set aside and remade. It is important that all parties know the procedural fairness obligations to be afforded in any government