Review of decision relating to Statement of Principles
380C Review of decision relating to Statement of Principles
When review is to be carried out
If the Review Council is asked under section 380CB to review:
some or all of the contents of a Statement of Principles in respect of a particular kind of injury, disease or death; or
a decision of the Authority not to determine a Statement of Principles in respect of a particular kind of injury, disease or death; or
a decision of the Authority not to amend a Statement of Principles in respect of a particular kind of injury, disease or death;
then, subject to subsection (2), the Review Council must, for that purpose, carry out a review of all the information that was available to the Authority when it:
determined, amended, or last amended, the Statement of Principles; or
decided, or last decided, not to determine, or not to amend, a Statement of Principles;
in respect of that kind of injury, disease or death.
If the Review Council has been asked to review some or all of the contents of a Statement of Principles, the Review Council may carry out a review under subsection (1) only if:
the period within which the Statement of Principles may be disallowed under section 42 of the Legislation Act 2003 has ended; and
the Statement of Principles has not been disallowed.
If:
the Review Council has been asked to review some or all of the contents of a Statement of Principles in respect of a particular kind of injury, disease or death; and
there is another Statement of Principles in force in respect of that kind of injury, disease or death, but the Review Council has not been asked to review some or all of the contents of that other Statement of Principles;
then the Review Council must also review that other Statement of Principles by reviewing the information subsection (1) requires it to review in reviewing the Statement of Principles it has been asked to review.
Outcome of review
If, after carrying out the review, the Review Council is of the view that there is sound medical‑scientific evidence on which the Authority could have relied:
to amend either or both of the Statements of Principles in force in respect of that kind of injury, disease or death; or
to determine a Statement of Principles in respect of that kind of injury, disease or death;
the Review Council must, by notifiable instrument, make a declaration stating its views, setting out the evidence in support and:
directing the Authority to amend either or both of the Statements of Principles, or determine a Statement of Principles (as the case may be), in accordance with the directions given by the Review Council; or
remitting the matter for reconsideration by the Authority in accordance with any directions or recommendations of the Review Council.
If, after carrying out the review, the Review Council is of the view:
that there is no sound medical‑scientific evidence that justifies the making of a Statement of Principles, or an amendment of either or both of the Statements of Principles, in respect of that kind of injury, disease or death; or
that the sound medical‑scientific evidence available to the Authority is insufficient to justify the making of a Statement of Principles, or an amendment of either or both of the Statements of Principles, in respect of that kind of injury, disease or death;
the Review Council must, by notifiable instrument, make a declaration to that effect giving the reasons for its decision. The Review Council may include in the declaration any recommendation that it considers fit to make about any future investigation that the Authority may carry out in respect of that kind of injury, disease or death.
Notification of outcome of review
The Review Council must give a copy of the notifiable instrument made under subsection (4) or (5) to:
the person or organisation that asked for the review; and
the Commission (if it is not the person referred to in paragraph (a) of this subsection); and
the Authority.
This Act’s bill:Explanatory memorandumSecond reading speech
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