Siddha Yoga Foundation Ltd v Strang, Claire & Anor [1996] FCA 47

Siddha Yoga Foundation Ltd v Strang, Claire & Anor [1996] FCA 47

The remitted matter under section 45 exemption should be heard by a member of the Tribunal other than the original member, in accordance with general principle that perceived fairness is enhanced by reconstituting the Tribunal for re-hearing, and no material was before the court to suggest bias or apprehended bias to require otherwise.

Jurisdiction
Australia
Judgment Date
09 February 1996
Procedural Posture
Appeal / Judgment on Interlocutory Application
Outcome
Order made recalling order 3 and substituting an order that the remitted matter be heard by a differently constituted Tribunal; costs awarded to respondent.
Legal Topics
['freedom of Information' 'tribunal Procedure' 'bias and Fairness']
['administrative Law'] ['freedom of Information' 'tribunal Procedure' 'bias and Fairness']

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Procedural Posture

Appeal / Judgment on Interlocutory Application

Legal Issues

  1. 1 ['Whether the remitted matter should be heard by a differently constituted Tribunal under the Administrative Appeals Tribunal Act' 'Whether there is any case of bias or reasonable apprehension of bias justifying restriction on Tribunal constitution']

Ratio Decidendi

The remitted matter under section 45 exemption should be heard by a member of the Tribunal other than the original member, in accordance with general principle that perceived fairness is enhanced by reconstituting the Tribunal for re-hearing, and no material was before the court to suggest bias or apprehended bias to require otherwise.

Court Disposition

Order made recalling order 3 and substituting an order that the remitted matter be heard by a differently constituted Tribunal; costs awarded to respondent.

Orders

  • ['The order contained in paragraph 3 of the order made on 27 October 1995 be set aside.' 'The matter of the review by the Administrative Appeals Tribunal in so far as it concerns whether each of the documents is an exempt document by virtue of s.45 of the Freedom of Information Act 1982 be remitted to the...