Administrative Decision Making: Procedural Fairness and Bias
Ensuring procedural fairness in decision making is the foundation of any good decision making, essential where decisions impact a person’s rights, interests, or legitimate expectations. In this practical program, you’ll take a deep dive into the principle of procedural fairness and when it might be alleged it has not been observed, consider apprehended bias and what might constitute bias, before examining tips in your decision making to mitigate the risk of your decisions coming under scrutiny. 2211V01
Description
Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: James Smart, Partner, Leader Victorian State Government Team, Maddocks
9.00am to 10.00am Procedural Fairness: What Does it Look and What’s Reasonable?
- Opportunities to comment on issues and adverse material
- Using interpreters
- Reasonableness
- Adjournments
Presented by Georgina Costello KC, List G Barristers
10.00am to 11.00am Apprehended Bias and Advocacy Praxis
- The difference between an adverse decision maker and bias
- Whose fair minded lay observer?
- How to identify bias
- Logical connection between prejudice and legal and factual merits
- Rotten apples within collective bodies
Presented by Justin Wheelahan, Barrister, Greens List
11.00am To 11.15am Morning Tea
Professional Skills
11.15am to 12.15pm Practical Decision Making and Reason Writing: Practical Tips and Traps to Mitigate the Risk
- Why written reasons are important and best practice
- Specific information to include in your reasons to ensure reasons are adequate
- Making findings of fact and tips on how to explain why some evidence was more convincing.
- How to describe the reasoning process for your decision
Presented by Kylie Walsh, Principal, Russell Kennedy
12.15pm to 1.15pm Wrap Up Session: Reviewing the Key Takeaways and Applying Principles to Real Examples
The panel will review the key takeaways from the former sessions and examine how you might apply these principles to real life examples.
Facilitator: James Smart, Partner, Leader Victorian State Government Team, Maddocks
Panellists:
Georgina Costello KC, List G Barristers
Kylie Walsh, Principal, Russell Kennedy
Justin Wheelahan Barrister, Greens List
Presenters
James Smart
James heads up the Victorian State Government sector at Maddocks and acts for a wide range of Victorian government departments and agencies. He has over 28 years experience advising the government sector and has drafted a large number of significant government contracts. James advises on statutory interpretation, governance, regulatory and compliance issues on a daily basis and assists a number of Victorian regulators to carry out their statutory functions. He also has specific expertise in the commercial and governance issues associated with the establishment of new government entities.
Georgina Costello KC
Georgina Costello is a Melbourne barrister who appears and advises in cases in the areas of commercial and public law, including: commercial disputes; fraud cases; negligence claims; property law matters; migration cases and regulatory proceedings. Before coming to the Bar in 2003, Georgina was a solicitor at Mallesons Stephen Jaques (now King & Wood Mallesons) in property law. She is also admitted to the New York Bar and has worked in the United States as a litigator at New York law firm Fried Frank Harris Shriver & Jacobson LLP, and as associate counsel to a panel led by U.S. economist Paul Volcker inquiring into fraud and corruption related issues at the World Bank in Washington DC.
Justin Wheelahan
Justin practises in administrative law and general commercial law. He recently appeared in MARA v Frugtniet [2018] FCAFC 5, an appeal about whether the privilege against exposure to penalties applies at the AAT, and as junior counsel with Michael O'Bryan KC in Callychurn v ASIC [2017] FCAFC 137, an appeal against an ASIC banning order. He also appeared as junior counsel with Julian Burnside KC in FRX17 as litigation representative for FRM17 v Minister for Immigration and Border Protection [2018] FCA 63 - an injunction to remove a child from the island of Nauru on the basis of an apprehended breach of duty of care. Justin is the author of the confidential information section of Lahore's Trade Marks, Patents and Related Rights loose leaf service, and a guest lecturer in evidence at the ACU. He is a member of the Victorian Bar Council, AIAL, Commbar, and IPSANZ.
Kylie Walsh
Kylie is the principal with Russell Kennedy Lawyers and is a litigation lawyer with over 10 years’ experience. Kylie acts on behalf of various government clients and statutory authorities and specialises in prosecution, enforcement, disciplinary and administrative review proceedings.
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking information
Parking is not included in you registration. Here are some options below.
RACV City Club Car Park. Click here to view rates
Directions
Nearby Public Transport:
Tram Stations - William/Bourke St or Queen/Bourke St
Bus Interchange - Little Collins St or Supreme Court