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Return to Complete Public Law 4e student resources
Chapter 18 Self-test questions
Procedural Impropriety
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The rules of natural justice are:
laid down by statute
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conventions that deal with constitutional procedure
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common law principles developed by the judges to ensure fair procedure
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The right to be heard includes
The right to an oral hearing
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The right to give supporting evidence
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The right to know the opposing case and to give your side of the story
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The test for apparent bias is
Whether a fair-minded and informed observer would have thought there was a real possibility of bias.
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Whether a reasonable person thinks there is a probability of bias
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Whether there is actual bias
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The right to be heard:
includes a duty on public authorities to give reasons for decisions
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does not include a duty on public authorities to give reasons
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means that there will be a breach of natural justice if the public authority does not give reasons in certain circumstances.
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A legitimate expectation may be created by
statute
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the common law
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a policy, statement or past practice
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To give rise to a legitimate expectation, a statement or representation must be:
Clear and unambiguous
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Reasonably clear
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Consistent with previous statements or representations
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