RBWJ and Secretary, Department of Social Services (Social services second review)

The applicant, RBWJ, sought the recusal of Dr L Bygrave, a Member of the Administrative Appeals Tribunal, from hearing an application concerning social services. The core of the dispute was RBWJ's apprehension that the Member might not be impartial in their decision-making.

The legal issue before the Tribunal was whether there was any actual or apprehended bias on the part of the Member that would necessitate their recusal from the proceedings. This required an assessment of whether a reasonable and informed person would apprehend that the Member might not bring an impartial mind to the issues to be decided.

The Member considered the application for recusal and concluded that there was no evidence to support a finding of apprehended bias. Applying the established legal principles for determining bias, the Member found that the apprehension of bias was not made out. Consequently, the request for recusal was refused.