Procedural fairness

Raina v CIC Allianz Insurance [2021] NSWSC 13

Raina was injured when another driver ran into the back of his car.  He challenged medical review panel assessments on grounds which included denial of natural justice.  Campbell J (at [92]) rejected this, given Raina refused a further medical examination.

The judge (at [51-56]) describes how statutory powers are interpreted to require procedural fairness for persons affected.  The basic principle is that the critical issue on which the decision is likely to turn must be brought to the person’s attention ‘so that he may have an opportunity of dealing with it’11.  This extends to confronting the person with inconsistencies and providing an option to respond12.

This principle is from Episode 70 of interpretation NOW!


11 Kioa (1985) 159 CLR 550 (at 587), SZGUR [2011] HCA 1 (at [9]).

12 Frost [2014] NSWCA 39 (at 31-32]), cf ACN [2020] FCAFC 190 (at [178-180]).