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Procedural fairness

Procedural fairness is the right to expect that any decisions being taken about a person are taken by an unbiased decision maker, and are based on open and fair decision-making processes that allow that person the opportunity to respond to those decisions.

Procedural Fairness Requirements

1.1 Purpose

... purpose of these requirements is to:

assist in achieving a consistent approach to determining personnel security controls in agency facilities and the screening and evaluation of employees
identify good practice related to decision-making principles and procedural fairness throughout the security vetting process
help to establish consistent terminology for personnel security across the New Zealand government
help agencies to better understand the security vetting process....

1.3 Scope

These requirements cover:

the procedural fairness guidelines used in the security vetting process
candidates’ rights in regard to procedural fairness
information for candidates who are adversely affected by a security vetting recommendation.

They support the Personnel Security Protocol and the wider New Zealand Protective Security Requirements (PSR).
These requirements are part of a suite of documents that help agencies meet their personnel security management requirements.
Natural justice/p...

2 Procedural fairness

procedural fairness is concerned with the procedures used by a decision-maker, rather than the actual outcome reached.
It requires a fair and proper procedure be used when making a decision.
A decision-maker who follows a fair procedure is more likely to reach a fair and correct decision.

Security clearances for contractors who have spent time overseas: a PERSEC case study

This case study looks at the possible impact of an uncheckable period overseas for a contractor seeking TOP SECRET level security clearance.  Themes covered include: security clearance requirements for contractors pre-employment screening process. Scenario – what happened Martin is a New Zealander with South African heritage (his parents were both born in South Africa) who has qualifications in computer studies and logistics.  His criminal history has been unremarkable – as a teenager gr...

Strategic Security Objectives, Core Policies and the Mandatory Requirements for Agencies

4.4 Security vetting process

... must conduct the process with care and sensitivity, and in accordance with government policy.
All vetting decisions are based on an assessment of the whole person and at all stages must be made in accordance with the principles of natural justice and procedural fairness.
NZSIS must resolve any doubts about the suitability of a candidate to access national security classified resources.
For further information refer to the Personnel Security Management Protocol....