Recusal, Reconstitution and the Reasonable Apprehension of Bias in Australian Statutory Tribunals

Sarah Lim

    Research output: Contribution to journalArticlepeer-review

    Abstract

    The question of how to ensure the impartiality of multi-member bodies (particularly those that do not exercise judicial power) is the subject of limited academic attention and has yet to receive a satisfactory answer. Accordingly, this article assesses the current procedure for disqualification adopted by multi-member bodies and asks how these procedures might be improved. To do so, it examines the differing procedures utilised by the Administrative Appeals Tribunal and Victorian Civil and Administrative Tribunal in circumstances where a member (or members) of a multi-member Tribunal is accused of bias and must decide whether to recuse himself or herself.
    Original languageEnglish
    Pages (from-to)100-113
    JournalAustralian Journal of Administrative Law
    Volume28
    Issue number2
    Publication statusPublished - 2021

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