Where prejudicial documents are inadvertently provided to members of a specialist tribunal not bound by the rules of evidence, the test for reasonable apprehension of bias requires consideration of the nature of the tribunal, including the role of the judicial member in directing non-judicial members and the statutory framework permitting the tribunal to inform itself as it thinks fit. The fair-minded observer is taken to understand these structural features, and responsible tribunal members directed by a judicial member to disregard excluded material will not readily be found to give rise to a reasonable apprehension of bias.
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