ABSTRACT
This chapter explains procedural impropriety, natural justice and discusses the rules relating to bias, financial and otherwise. Failure to comply with procedures laid down by statute may invalidate a decision. The courts distinguish between those procedural requirements which are mandatory, the breach of which will render a decision void, and those which are directory, which may not invalidate the decision taken. The rules of natural justice are common law rules, although, in many instances, their requirements may be made statutory. The fundamental dictate of justice is that those affected by decision makers should be dealt with in a fair manner. It is a fundamental requirement of justice that, when a person's interests are affected by a judicial or administrative decision, he or she has the opportunity both to know and to understand any allegations made, and to make representations to the decision maker to meet the allegations.
