Module 3

Part-2 (Procedural Framework)

Principles of Natural Justice
Principles of Natural Justice
(Dissanayake & Goonesinghe 2021)
• Fundamental legal principle that ensures procedural fairness and protects
individuals' rights in administrative or legal proceedings
• Aim to uphold justice and prevent arbitrary or biased decision-making
• While the specific application of natural justice principles may vary across
jurisdictions, there are two main principles:

The Principle of Audi Alteram Partem The Principle of Nemo Judex in Causa
(Right to be Heard) Sua (Rule against Bias)

June 28, 2024 Training of Experts by EMRB, NMC 2

Principles of Natural Justice
The Principle of Audi Alteram Partem (Right to be Heard)

It emphasizes that no one should

This principle, also known as
be condemned or adversely
"hear the other side," This includes the right to present
affected without an opportunity
emphasizes that all parties evidence, call witnesses, cross-
to put forward their side of the
involved in a legal or examine witnesses, and make
story and respond to the
administrative proceeding have submissions or arguments
allegations or arguments made
the right to be heard
against them

June 28, 2024 Training of Experts by EMRB, NMC 3

 Principles of Natural Justice
The Principle of Nemo Judex in Causa Sua (Rule against Bias)

If a decision-maker is
It requires decision-
Those who are Decisions are based on found to have a conflict
makers to approach
responsible for making the merits of the case of interest or a
cases with an open
decisions or judgments and not influenced by reasonable
mind, free from personal
must act impartially and external factors or apprehension of bias,
interests or preconceived
without bias personal bias their decision may be
notions
challenged or invalidated

June 28, 2024 Training of Experts by EMRB, NMC 4

Principles of Natural Justice
Right to Notice
Entails that individuals should
be informed in advance of the
allegations, charges, or issues
they are facing
They should be given
sufficient notice to prepare
their defence and respond
adequately to the case against
them
June 28, 2024
Right to an Unbiased
Right to Reasons
Decision-Maker
Individuals have the right to
Natural justice requires that
receive clear and reasoned
decision-makers be impartial
explanations for the decisions
and unbiased
made against them
They should approach cases
This ensures transparency
with an open mind, free from
and accountability, enabling
personal prejudices or
parties to understand the
conflicts of interest that could
basis for the decision and
compromise their ability to
consider any grounds for
make fair and objective
appeal or further action
decisions.
Training of Experts by EMRB, NMC 5
The Procedure followed
during an inquiry
The procedure followed during an inquiry
Can vary depending on the jurisdiction and legal system involved

• General overview of the procedures involved in an inquiry into medical

malpractice cases:
1. Receipt of Complaint
2. Review of Complaint
3. Notification to the Registered Medical Practitioner
4. Gathering of Information
5. Expert Opinion
6. Hearing of the Case
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The procedure followed during an inquiry
7 . Process of taking decision
 Review the Facts
 Identify Legal Claims or Defences
 Research Applicable Laws
 Analyse Legal-ethical Issues
 Consider Argument and Counterarguments
8. Disciplinary Actions
9 . Judgment (Speaking order)
10. Appeal

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Thank You