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Judicial Procedures

Principles of natural justice and procedural fairness

The Principles of Natural Justice and Procedural Fairness must prevail in Judicial Procedures to uphold the principle that justice must not only be done, but be seen to be done. The principles are explained below:

  1. The resident has the right to be informed of the allegation(s) of offence(s).
  2. The resident is entitled to an opportunity to respond to allegation(s) of offence(s) at a meeting with residence staff and is also entitled to a reasonable notice of the time, place and nature of the meeting.
  3. The resident is presumed not to be guilty of the alleged offense(s) until an impartial and unbiased decision-maker has determined the offence(s).
  4. The resident is entitled to reasonable disclosure of evidence of the Incident Report prior to a decision. Fact-finding occurs at a meeting with the decision-maker.
  5. At meetings to discuss level three offences, the resident is entitled to call a reasonable number of witnesses to the meeting to discuss alleged offence(s). This must be arranged with the decision-maker prior to the meeting.
  6. The resident is entitled to be advised in writing of the decision about the alleged offence(s) and the sanction(s) applied, (if any).The decision about guilt or innocence and any associated sanction(s) should be made within a reasonable time.
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