Principles of Natural Justice
Rules developed out of Common Law to ensure fairness to all parties in decisions.
- Hear the Other (Audi alterum partem)
- All parties should have prior notice of the case they have to meet.
- Sufficient details of the case against them so that they can defend themselves.
- Opportunity to argue their case/position before the person(s) deciding the case.
- The Rule against Bias (Nemo judex in causa sua)
The person(s) hearing the case should
- Approach each case with an open mind
- Treat all parties equally
- Have no private interests in the outcomes of the proceedings, i.e. have no bias one way or the other as to the outcomes.
A good example of how these principles are applied is the Paragraph 11 Classification Appeal system in CSIRO. These appeals go to a panel of three or four:
- Independent Chair trained in Natural Justice and the CSIRO classification system, usually not a current member of CSIRO staff.
- Nominee of management, usually from another Division.
- Nominee of association, usually a peer from another Division.
Both the divisional management, usually a representative of the Reward Review Committee and the appealing member of staff get to put their case to the panel in writing and in verbal submission.
