I have to agree with a lot of your comments Terry, but the law will
not differentiate from or favour 'the volunteer sector' or any other.
"Nemo iudex in causa sua" The rule is very strictly applied to any
appearance of a possible bias, even if there is actually none:
"Justice must not only be done, but must be seen to be done".
I'm no lawyer, but I would disagree.
Some snippets from Monash University Law Research Series regarding
the law of bias.....
"The courts have repeatedly stressed that the bias rule must take
account of the particular features of the decision-maker and wider
environment to which the rule is applied. "
"There are many similar judicial pronouncements which stress that the
rule is context sensitive. At the same time, however, the courts have
adopted a single test to determine applications for bias - that of
the fair minded and informed observer. "
"A claim of actual bias requires proof that the decision-maker
approached the issues with a closed mind or had prejudged the matter
and, for reasons of either partiality in favour of a party or some
form of prejudice affecting the decision, could not be swayed by the
evidence in the case at hand."
"A claim of apprehended bias requires a finding that a fair minded
and reasonably well informed observer might conclude that the
decision-maker did not approach the issue with an open mind."
The full article from where these snippets were taken are at....
http://www.austlii.edu.au/cgi-bin/sinodisp/au/journals/UMonashLRS/2009/10.html?stem=0&synonyms=0&query=bias
There are, in other publications, definitions of bias that cover
situations such as a judge presiding over a legal case, and in those
situations there cannot be any hint of any bias.
So my point is, is it fair and reasonable to have a gliding accident
investigated by someone who has technical skills/experience relevant
to the sport of gliding (a member of the GFA). or should it be
investigated by someone with no such skill or experience.
If I wanted to find out why an accident happened I would be asking a
person with relevant skills and experience, and if the ATSB doesn't
investigate, then who else is there?
The notion of not assisting the ATSB, or the police or coroner in
making an effective investigation is absurd.
Michael Zupanc
0408662328
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