Actual Bias Research Paper
Introduction !
Natural Justice has two principles, Fairness and Bias. It is where a person can have a hearing that is fair and unbiased to both sides. The fairness and unbiased principals have certain principals such as the evidence rule, hearing rule, transparency and unbiased hearing. These principals and elements help uphold the justice system. Fairness and unbiased is a major part in the justice system, decisions should be made correct and accurate. “It is not merely of some importance but is of fundamental importance, that justice should not only be done, but should manifestly and undoubtedly be seen to be done” (Lord Hewart from Rex v Sussex Justices: Ex parte McCarthy 1924).
FAIRNESS PRINCIPLE - The Fairness principle is making sure that everybody is treated …show more content…
Actual Bias - Actual bias is when the decision-maker has an interest to one party over the other which then affects the concluding decision. This is more of a fact that the decisionmaker is appearing to be bias. “ An allegation of actual bias should not be made lightly. A party asserting actual bias carries a heavy onus. The allegation must be distinctly made and clearly proven” (Minister for Immigration and Multicultural Affairs v Jia Legeng
(2001) 205 CLR 507; South Western Sydney Area Health Service v Edmonds [2007]
NSWCA 16). Highway Patrol officer explained to LITTLE that many First year P- plater males are caught or reported‘ hooning ‘. The Officer was very bias towards P - Platers and also towards LITTLE, assuming that, because he is a first year p - plater, he must have committed this offence. After breaching the hearing rule, the officer is now in breach of the bias rule, which will also affect the outcome of the decision made.
Perceive bias- Perceive bias is where they are unsure whether the decision-maker is being closed minded towards the situation. Perceive bias is still to be proven whether
Natural Justice has two principles, Fairness and Bias. It is where a person can have a hearing that is fair and unbiased to both sides. The fairness and unbiased principals have certain principals such as the evidence rule, hearing rule, transparency and unbiased hearing. These principals and elements help uphold the justice system. Fairness and unbiased is a major part in the justice system, decisions should be made correct and accurate. “It is not merely of some importance but is of fundamental importance, that justice should not only be done, but should manifestly and undoubtedly be seen to be done” (Lord Hewart from Rex v Sussex Justices: Ex parte McCarthy 1924).
FAIRNESS PRINCIPLE - The Fairness principle is making sure that everybody is treated …show more content…
Actual Bias - Actual bias is when the decision-maker has an interest to one party over the other which then affects the concluding decision. This is more of a fact that the decisionmaker is appearing to be bias. “ An allegation of actual bias should not be made lightly. A party asserting actual bias carries a heavy onus. The allegation must be distinctly made and clearly proven” (Minister for Immigration and Multicultural Affairs v Jia Legeng
(2001) 205 CLR 507; South Western Sydney Area Health Service v Edmonds [2007]
NSWCA 16). Highway Patrol officer explained to LITTLE that many First year P- plater males are caught or reported‘ hooning ‘. The Officer was very bias towards P - Platers and also towards LITTLE, assuming that, because he is a first year p - plater, he must have committed this offence. After breaching the hearing rule, the officer is now in breach of the bias rule, which will also affect the outcome of the decision made.
Perceive bias- Perceive bias is where they are unsure whether the decision-maker is being closed minded towards the situation. Perceive bias is still to be proven whether