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Bias discussions are for after the decision IMOWhat iterests me...

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Justadabble

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26/04/24

10:36

Post #: 73519842
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Originally posted by Flambeau: ↑

@Fugasi
"as you suggest the apprehended bias is one of the party and not individuals within that party" source: 73508904

Incorrect, just as we saw in the last Federal Court case, the judge himself said the apprehended bias was of the "decision maker".

I encourage you to read what the Federal Court judge said in his judgement:

"The test is the same for administrative decision makers as it is for judicial officers. Its content may be different, however, as what may be expected of a judicial or quasi-judicial officer may be different to a person making a purely administrative decision: Ebner at [4]; Hot Holdings at [70]. The rule against apprehended bias is a rule of procedural fairness or natural justice: Ebner at [4]; Hot Holdings at [68] and see e.g. Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70. If the rules of natural justice have been breached the Court may, in its discretion, make an order quashing or setting aside the Decision..." source: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0086"26.2. in light of s 59 of the Act, a fair-minded lay observer might therefore reasonably apprehend that the Joint Authority constituted by Mr Morrison as the responsible Commonwealth Minister, together with the responsible State Minister, might not have brought an open mind to determining the Application." source: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0086

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Bias discussions are for after the decision IMO

What iterests me is that the Minister for Industry is acutely aware of the repercussions of feedstock shortage. The Minisfor for Science says Narrabri stacks up. The good news for PEP11 is they are same guy.

BPH Price at posting: 2.1¢ Sentiment: Buy Disclosure: Held
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Bias discussions are for after the decision IMOWhat iterests me...

Tivan and EARTH AI gear up to commence fresh drilling at Sandover lead-silver project, NT

Week 27 Wrap: "Election year" is here as UK Labour win contrasts France; Trump wins immunity & annual report season hushes ASX

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Saturn’s stars have aligned for the gold explorer’s Apollo Project

Has uranium run out of steam? An update on nuclear markets & developments ahead in FY25

KGL sniffs 19% Cu from drilling at Rockface play in NT

Red Hill Minerals Signs $6.5 Million Agreement with Peel Mining to Explore Curnamona Project, NSW

Leo Lithium announces major divestment of flagship Goulamina project to Ganfeng

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Bias discussions are for after the decision IMOWhat iterests me...

Top Stories

Tivan and EARTH AI gear up to commence fresh drilling at Sandover lead-silver project, NT

Week 27 Wrap: "Election year" is here as UK Labour win contrasts France; Trump wins immunity & annual report season hushes ASX

Fast-track assaying yields 182 g/t gold for iTech at new NT play

Saturn’s stars have aligned for the gold explorer’s Apollo Project

Has uranium run out of steam? An update on nuclear markets & developments ahead in FY25

KGL sniffs 19% Cu from drilling at Rockface play in NT

Red Hill Minerals Signs $6.5 Million Agreement with Peel Mining to Explore Curnamona Project, NSW

Leo Lithium announces major divestment of flagship Goulamina project to Ganfeng

Climate change to drive market trends to the moon

The Big Deal: Free-to-air TV swings the axe, but will it be enough as enormous sports deal bills loom?

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