Overview#

Natural justice refers to fundamental principles of fairness that underpin the stand down, suspension, exclusion and expulsion legislation and decision-making processes.

You are required to follow the principles of natural justice.

Common expectations of natural justice are that:

• a person will have adequate notice of a situation that may affect them
• a person will have an opportunity to be heard and respond
• a decision will be made by an unbiased decision maker.

Where possible, accommodations should be made to support participation, such as facilitating access for students or family with disabilities. When dealing with serious misbehaviour or serious risks to student safety, you must be fair and flexible.

The stand down and suspension process will help you apply the principles of natural justice. You will find advice about those principles throughout the guidelines.

For the moment, note that:

• the rules already incorporate the principles of natural justice, for example, they already establish procedures for giving adequate notice and having an opportunity to be heard. Following the process carefully will help you to act, and be seen to act, fairly
• parts of the process are very flexible. You have a lot of discretion about your decisions. Whatever decisions you make, they should be based on all of the facts, in their proper context and making allowance for individual circumstances. Good decision making will help you act fairly
• records must adequately explain your decision. They do not have to be complicated, but they must set out your conclusions on all the main issues. They must be clear and complete, showing what you did and why. Keeping full and accurate records will help you to act fairly and show others what you did
• your procedures do not need to be elaborate. The principles of natural justice have to be applied in schools by busy teachers, principals and board members. The emphasis is on a prompt, considered and fair resolution.

7: Principles applying to processes, practices, and procedures – New Zealand Legislation

Being fair and flexible#

At its simplest, being fair involves treating people with respect.

In part, that means taking account of people’s knowledge, abilities, culture, and considering any disability needs. Everyone should know what is happening and what is at stake.

Being fair also means both following the rules and considering the purpose and principles behind them. Some rules are very specific, for example, there are clear rules about when the board may meet and what information people must have.

Other matters to consider are more general. They include your responsibility to maintain a safe and effective learning environment and guidance contained in your strategic plan.

Being flexible means considering all your options. Some situations will be more serious than others; you may respond to different situations in different ways.