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reg 21

Commissioner to notify claimant and public sector body of determination

In force

21 Commissioner to notify claimant and public sector body of determination

(1)

The Commissioner is to give written notice to the claimant and the public sector body of —

(a)

the Commissioner’s determination under regulation 20(2) including, if applicable, the Commissioner’s recommendation or direction —

(i)

that the claimant be given the relief as specified in the notice within the period specified in the notice; or

(ii)

that no relief be given to the claimant;

and

(b)

the reasons for the determination.

(2A)

If —

(a)

the Commissioner makes a recommendation in a notice under subregulation (1); and

(b)

the public sector body or its employing authority does not follow the recommendation within the period specified in the notice, or proposes action under regulation 22(1)(b) or (c) that the Commissioner does not consider appropriate,

the Commissioner may direct the public sector body or its employing authority to give the claimant the relief specified in the direction within a period specified in the direction.

(2)

The Commissioner cannot recommend that the relief to be given by the public sector body is the appointment of the claimant or another person.

(3)

The Commissioner cannot direct under subregulation (1) or (2A) that the relief to be given is the appointment of the claimant or another person, but may direct that a specified person is not to be appointed.

[Regulation 21 amended: Gazette 11 Mar 2014 p. 585-6.]

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