Appendix 1   Checklist for decision-makers

When a decision is made by exercising a discretionary power (devolved by the Secretary or the CDF or given directly to you), you MUST:

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Ensure you have the power to make the decision. Check the delegation or authorisation.

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Comply with the rule or principle and directions that are associated with it.

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Consider all the facts and criteria. Include relevant facts and exclude irrelevant ones.

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Check the facts if you are uncertain. Conduct an inquiry if necessary.

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Observe procedural fairness (natural justice)

 

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give the applicant full access to the rule to help them make their case

 

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give the applicant an opportunity to provide additional information or have a hearing if you are considering rejecting their application

 

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make sure there is sufficient evidence to support the decision

 

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do not be biased or appear to be biased.

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Be objective and impartial

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For the APS, apply the principles in the APS values and Code of Conduct.

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Protect the applicant's privacy.

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Be consistent in the way you make your decisions not in their outcomes

 

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make your decision on the merits of each individual case

 

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ignore previous cases

 

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be fair and reasonable.

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Make decisions promptly.

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Provide written reasons for adverse decisions.

 

and you MUST NOT:

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Allow irrelevant facts to influence the decision.

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Be biased either toward or against an applicant.

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Be ordered to reach a particular outcome.

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Be influenced by an applicant’s powerful position.

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Interpret the rule in a way that is narrower or contrary to the way it is intended to apply.

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Have an interest, or what looks like an interest, in the outcome of the decision.

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Appoint another person to make your decision, unless that person also has the power to make the decision.

 

PACMATE                                                             AL13 (August 2006)                                               Annex 5.A Appendix 1 – 1