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Tribunals' power to control their own procedures and the requirements of procedural fairness


Blackwood, JB and Henning, T, Tribunals' power to control their own procedures and the requirements of procedural fairness, Australian Journal of Administrative Law, 11, (1) pp. 5-33. ISSN 1320-7105 (2003) [Refereed Article]

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The purpose of this article is to consider two aspects of disclosure of evidence that may arise in the proceedings of quasi-judicial tribunals that have legislative imprimatur to determine their own procedures. The first aspect of disclosure relates to pre-hearing evidence disclosure requirements that may be imposed by tribunals upon parties or those participating in tribunal proceedings. There is evidence that the practice directions have assumed to some extent, the aspect of rules of practice. Pre-hearing disclosure is a useful case management device, however, the article highlights some of its limitations. The second aspect of disclosure relates to the question of disclosure by the tribunals themselves. While it might be true to say that the duty to disclose documents and other material information is one of the more certain aspects of natural justice, it is, nevertheless, exceedingly difficult to articulate a concise set of principles relevant to all hearings before quasi-judicial tribunals. The nature of the jurisdiction being exercised is pivotal in determining how the principles in relation to the production of documents are exercised.

Item Details

Item Type:Refereed Article
Research Division:Law and Legal Studies
Research Group:Public law
Research Field:Public law not elsewhere classified
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Justice and the law not elsewhere classified
UTAS Author:Blackwood, JB (Mr John Blackwood)
UTAS Author:Henning, T (Associate Professor Terese Henning)
ID Code:27069
Year Published:2003
Deposited By:Law
Deposited On:2003-08-01
Last Modified:2010-03-15

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