Part 5 of series examining proposed changes to Victoria’s Domestic Animals Act
What is Natural Justice / Procedural Fairness?
“The rules or principles of natural justice, also known as procedural fairness, have developed to ensure that decision-making is fair and reasonable. Put simply, natural justice involves decision-makers informing people of the case against them or their interests, giving them a right to be heard (the ‘hearing’ rule), not having a personal interest in the outcome (the rule against ‘bias’), and acting only on the basis of logically probative evidence (the ‘no evidence’ rule).”
This Bill Fails to Ensure Procedural Fairness
Currently, Councils must hold impounded dogs for 8 days to enable their owners to be reunited with them. The Bill would allow Council officers to kill unregistered dogs found at large after 48 hours on the suspicion that they might commit an offence in future if allowed to roam. Councils would have an incentive to kill dogs after 48 hours instead of keeping them the full 8 days as it would save money and cage space (the ‘bias’ rule). The Bill does not require that owners are notified or given a right to be heard (the ‘hearing’ rule). The Bill doesn’t require any evidence that the dog has or will harm any person or animal for it to be destroyed (the ‘no evidence’ rule).
Procedural Fairness Is Part of Good Government
Victorian law is meant to ensure Natural Justice and Procedural Fairness. This Bill fails us in this regard.
“Decision-makers need to be aware of the requirements of procedural fairness when making decisions which affect a person’s rights or interests. Failure to notify a person of a potentially adverse decision, or to allow them an opportunity to be heard, is contrary to good government, and may result in the decision being set aside by a court.”
– ‘Procedural Fairness – The Hearing Rule’ Victorian Government Solicitors Office
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