Amelia X applies for compensation from the fund. She alleges that she paid the Wings of a Dove Travel Agency for a vacation in a four-star hotel, but the hotel turned out to be a two-star hotel. She suffered a $1000 loss as a result. The registrar, who was the initial decision-maker, refused Amelia's claim on the basis of insufficient supporting documentation that she provided. Amelia was not provided with an opportunity to make follow-up representation to the registrar.  Does procedural fairness require that she have a right to appeal the decision to the Travel Compensation Fund Appeal Board? If not, why not?

Answer:

No, procedural fairness does not require that Amelia has a right to appeal the decision to the Travel Compensation Fund Appeal Board.

Procedural fairness relates to the fairness of the procedure by which a decision is made, and not the fairness in a substantive sense of that decision. Thus, under procedural fairness, Amelia  may seek judicial review of the administrative decision by registrar on the basis that procedural fairness has not been observed. In this case, Amelia can claim that procedural fairness was not observed because she was not provided with an opportunity to make follow-up representation to the registrar.

Step-by-step explanation

Administrative decision makers are required to accord procedural fairness before making a decision that will affect a person's rights, interests or legitimate expectations. Procedural fairness means acting fairly in administrative decision making. It relates to the fairness of the procedure by which a decision is made, and not the fairness in a substantive sense of that decision. Considerations taken to establish whether there has been denial of procedural fairness are; whether a duty to afford procedural fairness xists; and if such a duty exists, the content of procedural fairness in the particular case. A person may seek judicial review of an administrative decision on the basis that procedural fairness has not been observed.

https://www.alrc.gov.au/publication/traditional-rights-and-freedoms-encroachments-by-commonwealth-laws-alrc-report-129/14-procedural-fairness-2/procedural-fairness-the-duty-and-its-content/

https://www.meritprotectioncommission.gov.au/what-procedural-fairness-and-how-does-it-apply-reviews/what-procedural-fairness