An alleged comment by a tribunal member in earlier proceedings between the same parties, unsupported by evidence and lacking context, does not give rise to a reasonable apprehension of bias in later proceedings, particularly where the evidence has changed. Attempts to use a tribunal member's subsequent conduct and reasoning to compound an initial apprehension of bias constitute the fallacious approach rejected in [name withheld] & Partners. Section 355(2) of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) is a contextual factor that a fair-minded observer would take into account when assessing apprehended bias arising from prior conciliation involvement.
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