Procedural Fairness

Procedural fairness is a fundamental principle that ensures that the process followed in reaching a decision is fair, just, and in accordance with the principles of natural justice. Procedural fairness requires that individuals who are directly affected by a decision have the opportunity to present their case, respond to the arguments and evidence put forward by the other side, and be treated impartially by the decision-maker.

Notice: Individuals must be given adequate notice of the decision or action being reviewed, as well as the grounds and evidence relied upon by the decision-maker.

Right to be heard: Individuals have the right to present their case and make submissions, either orally or in writing, to the decision-maker. This includes the opportunity to respond to the arguments and evidence put forward by the other side.

Impartial decision-maker: The decision-maker must be impartial and free from bias. They should not have a personal or financial interest in the outcome of the case and should approach the decision with an open mind.

Evidence: The decision-maker should base their decision on relevant and reliable evidence. Individuals should have the opportunity to present their own evidence and challenge the evidence presented by the other side.

Reasons: The decision-maker should provide clear and intelligible reasons for their decision. This allows individuals to understand the basis for the decision and enables effective review of the decision by higher courts.

Legal representation: In certain circumstances, individuals may have the right to legal representation during the judicial review process, particularly when the issues involved are complex or the individual's interests are significant.

Failure to adhere to the principles of procedural fairness can be a ground for challenging a decision through judicial review. If a decision is found to be procedurally unfair, the court may quash or set aside the decision and require it to be reconsidered in a fair manner.