Informed as to the nature of the proceedings
In an administrative proceeding, the test outlined at [1] will be assessed ‘by reference to a hypothetical fair-minded lay person who is properly informed as to the nature of the proceedings, the matters in issue and the conduct…said to give rise to an apprehension of bias.’ Given the question of pre-judgment, a court will consider ‘the degree of closure of the alleged closed mind’ and the extent to which it was brought to bear on the proceeding.
Sample Solution
The test outlined in [1] allows courts to assess whether an administrative proceeding has been affected by pre-judgment. This is done through consideration of the degree to which a hypothetical fair-minded lay person, who is properly informed as to the nature of the proceedings and matters at issue, perceives that the relevant decision maker may be biased (McGee & Northgrave., 2017).
In terms of pre-judgment, courts will consider how much of a closed mind was brought to bear on the proceeding and how it affected any decisions made. This can be determined by looking at evidence such as any previous comments or actions taken by the decision maker prior to commencing their duties which could indicate pre-determined views towards certain parties or issues being discussed (McGee & Northgrave., 2017). For example if there were public statements made expressing strong opinions on one side then this could suggest bias was likely present during proceedings.
Additionally, determining factors include any interest held by decision makers regarding matters in dispute – for instance if they had financial investments in businesses related to case could potentially lead them act unfairly when making judgements (McGee & Northgrave., 2017). Furthermore, examining external influences such as lobbying attempts from stakeholders also provide further insight into potential biasness.
Overall ,courts use tests such as outlined in [1] determine whether pre-judgement was involved when reaching decisions within administrative proceedings thus ensuring fairness across board while respecting rights all parties involved.
