The Duty of Procedural Fairness and Its Breach

Wednesday, 12 March 2025
Description

Attend and earn 0.5 CPD hour in Substantive Law 
This program is applicable to practitioners from all States & Territories

Chair

Bronwyn Weir, Director, Weir Legal & Consulting

The Obligation to Afford Procedural Fairness and Consequences when it is Breached

 

Join this session to unpack the legal obligation to provide procedural fairness in administrative decision-making and the consequences of breaching this fundamental duty. With practical insights from Michael Tsiavlis and Olga Nazha of Russell Kennedy, this session will guide practitioners through key case law, common pitfalls, and strategies for compliance. Suitable for legal professionals across all States and Territories. 

 

Presented by Michael Tsiavlis, Special Counsel, Russell Kennedy and Olga Nazha, Senior Associate, Russell Kennedy

Presenters


Bronwyn Weir, Director, Weir Legal & Consulting
Bronwyn Weir is Managing Director of Weir Legal & Consulting – Bronwyn specialises in advising governments as regulators. Her expertise spans all areas of regulatory law including advising on complaints, prosecutions, investigative powers, notices or orders, registration/licensing and administrative law. Bronwyn is frequently engaged to conduct reviews and to assist clients to develop risk based regulatory decision making frameworks, policies and procedures. In 2017 Bronwyn co-authored the Building Confidence Report with Professor Peter Shergold which remains an influential report in policy development for the building industry. She is currently advising the NSW Government on the Home Building Compensation Fund. In addition to being known for expertise in building regulation, Bronwyn advises regulators in sectors including education, health, water and climate law. Bronwyn acts for all levels of government and whilst based in Victoria, frequently advises governments across Australia.


Michael Tsiavlis, Special Counsel, Russell Kennedy Lawyers
Michael is an experienced litigation and regulatory lawyer. Michael advises government departments, agencies and authorities on their enforcement and investigative functions as well as appearing in Court for them as a solicitor advocate. He also has specialised expertise in the rules of evidence, court and tribunal procedures and criminal law across multiple jurisdictions. Michael has worked with government and non-government clients on administrative and regulatory law matters and has advised on novel and complicated legislative regimes as well as governance and decision making strategies.


Olga Nazha, Senior Associate, Russell Kennedy
Olga is a litigation senior associate with experience in enforcement, prosecution, disciplinary and administrative review proceedings. Olga has experience advising and representing various government clients such as the Department of Health, the Department of Justice and Community Safety, the Department of Energy, Environment and Climate Action, and the Australian Health Practitioner Regulation Agency. Olga has previously worked as a lawyer for the Department of Transport and Planning, and brings this experience to her role.

Wednesday, 12 March 2025
Description

Attend and earn 0.5 CPD hour in Substantive Law 
This program is applicable to practitioners from all States & Territories

Chair

Bronwyn Weir, Director, Weir Legal & Consulting

The Obligation to Afford Procedural Fairness and Consequences when it is Breached

 

Join this session to unpack the legal obligation to provide procedural fairness in administrative decision-making and the consequences of breaching this fundamental duty. With practical insights from Michael Tsiavlis and Olga Nazha of Russell Kennedy, this session will guide practitioners through key case law, common pitfalls, and strategies for compliance. Suitable for legal professionals across all States and Territories. 

 

Presented by Michael Tsiavlis, Special Counsel, Russell Kennedy and Olga Nazha, Senior Associate, Russell Kennedy

Presenters


Bronwyn Weir, Director, Weir Legal & Consulting
Bronwyn Weir is Managing Director of Weir Legal & Consulting – Bronwyn specialises in advising governments as regulators. Her expertise spans all areas of regulatory law including advising on complaints, prosecutions, investigative powers, notices or orders, registration/licensing and administrative law. Bronwyn is frequently engaged to conduct reviews and to assist clients to develop risk based regulatory decision making frameworks, policies and procedures. In 2017 Bronwyn co-authored the Building Confidence Report with Professor Peter Shergold which remains an influential report in policy development for the building industry. She is currently advising the NSW Government on the Home Building Compensation Fund. In addition to being known for expertise in building regulation, Bronwyn advises regulators in sectors including education, health, water and climate law. Bronwyn acts for all levels of government and whilst based in Victoria, frequently advises governments across Australia.


Michael Tsiavlis, Special Counsel, Russell Kennedy Lawyers
Michael is an experienced litigation and regulatory lawyer. Michael advises government departments, agencies and authorities on their enforcement and investigative functions as well as appearing in Court for them as a solicitor advocate. He also has specialised expertise in the rules of evidence, court and tribunal procedures and criminal law across multiple jurisdictions. Michael has worked with government and non-government clients on administrative and regulatory law matters and has advised on novel and complicated legislative regimes as well as governance and decision making strategies.


Olga Nazha, Senior Associate, Russell Kennedy
Olga is a litigation senior associate with experience in enforcement, prosecution, disciplinary and administrative review proceedings. Olga has experience advising and representing various government clients such as the Department of Health, the Department of Justice and Community Safety, the Department of Energy, Environment and Climate Action, and the Australian Health Practitioner Regulation Agency. Olga has previously worked as a lawyer for the Department of Transport and Planning, and brings this experience to her role.

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The Duty of Procedural Fairness and Its Breach

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Single Session
CPD Points 0.5
$90.00
On Demand 20250719 20250312

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