Quach v New South Wales Civil and Administrative Tribunal

The applicant, Quach, sought the recusal of members of the New South Wales Civil and Administrative Tribunal (NCAT) on the grounds of apprehended bias. The basis for this apprehension was that the same members had previously heard and dismissed unsuccessful applications made by the applicant.

The central legal issue before the Court of Appeal was whether the prior involvement of the NCAT members in dismissing the applicant's earlier applications gave rise to a reasonable apprehension of bias in the current proceedings. This required the Court to consider the test for apprehended bias, specifically concerning prejudgment.

The Court applied the established test for apprehended bias, which requires an objective assessment of whether a fair-minded lay observer, informed of all the relevant facts, would apprehend that the judicial officer might not bring an impartial mind to the issues to be decided. Gleeson JA found that the mere fact that the members had previously heard and determined similar applications did not, in itself, demonstrate prejudgment or give rise to a reasonable apprehension of bias. The Court reasoned that it was the duty of the members to hear and determine applications, and their previous decisions, based on the evidence and law before them, did not preclude them from impartially considering the current matter.

The application for recusal was declined.