Analysis

Challenges when natural justice collides with APS secrecy requirements

By John Wilson, Kieran Pender
Updated April 7 2021 - 8:09pm, first published April 6 2021 - 4:30am
A recent Fair Work Commission decision underscores some interesting challenges that arise when the principle of natural justice collides with secrecy obligations. Picture: Shutterstock
A recent Fair Work Commission decision underscores some interesting challenges that arise when the principle of natural justice collides with secrecy obligations. Picture: Shutterstock

"Even with the benefit of omniscience, God still afforded Adam the benefit of the natural justice hearing rule." With that biblical reference, High Court Justice James Edelman recently underscored the fundamental importance of the intertwined concepts of natural justice and procedural fairness to Australian law. In the employment context, the application of these concepts is often central to disciplinary disputes.

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