Regulators should ensure that there is a consistent policy in
place addressing its role and functions in the decision-making process in order
to provide greater confidence that its decisions are made on an objective,
impartial and consistent basis, and avoid the risks of conflict of interest,
bias or improper influence. The rule against bias is a principle of procedural fairness that
requires the decision maker to not have an interest in the matter being
decided, as well as to decide the issue in a fair and equitable manner, taking
into account only the merits of the matter, and respecting the rights of
affected citizens.
In addition, decision makers should avoid the appearance of any bias or interest in
the outcome. As such, both actual and apparent bias should be
avoided. In Australia, for example, the test of whether actual or apparent bias
exists is “whether a fair-minded observer might reasonably apprehend that the
decision-maker might not bring an impartial mind to the resolution of the
question.”5 Overall, avoiding the perception of bias is necessary to instill
confidence in the process, as well as in the regulatory authority itself.
ENDNOTES
1 Australian
Government Attorney-General Office, Procedural
Fairness Guideline (2009) at http://www.ag.gov.au/www/agd/agd.nsf/Page/ProtectiveSecurityPolicyFramework_Part6-CoreProtectiveSecurityPolicies_ProceduralFairnessGuidelines.
2 Id.