Good Decision-Making Guides for Public Bodies, Guide 4: Fair Procedures – Beware of the pitfalls

06-05-2016

Author: Joanelle O’Cleirigh and Roberta Guiry



This is the fourth in our series of Good Decision-Making Guides for Public Bodies. These Guides highlight what is best practice in decision-making and offer simple and practical tips to reduce the risk of challenge to your decisions.

Decision-makers have certain powers and privileges, which must be exercised fairly and responsibly. In Guide 3, we looked at fair procedures generally and the requirement that decision-makers be impartial and free from bias.

In this Guide, we consider the duty of decision-makers to:

  • notify the person affected by the decision of any allegations against him/her;
  • give him/her the opportunity to be heard;
  • allow him/her to call witnesses, make representations and cross-examine the other side (where appropriate);
  • allow him/her to have legal representation; and
  • give reasons for the decision and keep a written record of these reasons.

Read the full briefing here.

 

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