ABSTRACT
Inevitably, the extent to which the individual is enabled to make representations to a decision making body will be inextricably linked to the question of the right to a hearing. Where there exists no right to an oral hearing, the question becomes one of the extent to which – and means by which – the view of the individual can be put to the decision making authority. It may well be the case that the opportunity to make written submissions will satisfy the requirements for justice and fairness. For example, in Lloyd v McMahon (1987), local government councillors were in breach of their statutory duty to set the level of local rates. When the district auditor came to determine the issue, the applicants claimed the right to an oral hearing, and that the absence of such a hearing amounted to a breach of the rules of natural justice and was, accordingly, ultra vires. The court disagreed, holding that, since the auditor had given notice of the case against them and had considered written representations from them, he had acted fairly and, accordingly, lawfully.
