How the rules of procedural fairness may apply to private organisations

Key Points:

Private organisations may have a duty to observe procedural fairness when making a decision affecting an individual's rights, interests or legitimate expectations.

On 22 August 2013, James Hird commenced legal proceedings in the Supreme Court of Victoria against the Australian Football League alleging, among other things, that the AFL had denied him procedural fairness in connection with the charge laid against him under the AFL Player Rules, and would continue to deny him procedural fairness when that charge was heard and determined by the AFL Commission (the proceedings were later discontinued).

This case raises an interesting issue: when must private organisations (as opposed to statutory bodies) observe the rules of procedural fairness, particularly in relation to internal disciplinary hearings?