The Pot Calling the Pot Black: Problems with the Current Approach to Apprehended Bias
Murphy, Julian. ‘The pot calling the pot black: Problems with the current approach to apprehended bias.’ Balance: Journal of the Law Society of the Northern Territory 15(4) (December 2015): 31.
Posted: 21 Mar 2018
Date Written: December 1, 2015
This article surveys a number of recent, high-profile apprehended bias applications in Australian courts and other decision making bodies, including the Royal Commission into Trade Unions. The article contends that the current approach - whereby the impugned judicial officer determines their own apprehended bias application - compromises public confidence in the integrity and impartiality of the legal system. It is suggested that a better approach would be for independent judges to hear apprehended bias applications.
Keywords: administrative law, procedural fairness, apprehended bias, Royal Commission into Trade Unions
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