Duty to act fairly: administrative decisions affecting rights require flexible procedural protection and an opportunity to be heard. The duty to act fairly obliges administrative authorities to afford basic procedural protections-notice, a reasonable opportunity to present one's case, and impartiality-whenever decisions are likely to affect rights or interests. Courts presume Parliament intends fairness where statutory powers can detrimentally affect individuals, and will imply an obligation to act fairly even where functions are administrative rather than judicial. Fairness is flexible and fact specific, aimed at preventing abuse of power and ensuring decisions are made for proper purposes.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Duty to act fairly: administrative decisions affecting rights require flexible procedural protection and an opportunity to be heard.
The duty to act fairly obliges administrative authorities to afford basic procedural protections-notice, a reasonable opportunity to present one's case, and impartiality-whenever decisions are likely to affect rights or interests. Courts presume Parliament intends fairness where statutory powers can detrimentally affect individuals, and will imply an obligation to act fairly even where functions are administrative rather than judicial. Fairness is flexible and fact specific, aimed at preventing abuse of power and ensuring decisions are made for proper purposes.
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