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s 13

Investigation by authorised review officer

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13 Investigation by authorised review officer

(1)

An authorised review officer shall conduct each investigation in accordance with the procedural manual and any directions which may have been given under this Act with respect to matters of that kind.

(2)

An authorised review officer to whom a determination is referred must decide whether to —

(a)

affirm the determination; or

(b)

vary the determination; or

(c)

set aside the determination and substitute a new determination,

and on completion of the investigation shall give written notice of the decision reached to the administrative authority and to the person aggrieved, and effect shall be given to that decision by the administrative authority subject to section 14(2).

(3)

The notice given to the person aggrieved under subsection (2) must include —

(a)

a statement that —

(i)

sets out the reasons for the decision; and

(ii)

sets out the findings of the authorised review officer on material questions of fact; and

(iii)

refers to the evidence or other material on which those findings were based;

and

(b)

where the administrative authority is an authority to which the Parliamentary Commissioner Act 1971 applies, a statement to the effect that the decision may still be referred to the Parliamentary Commissioner for Administrative Investigations by way of complaint under that Act.

[Section 13 amended: No. 22 of 1998 s. 19; No. 9 of 2005 s. 5.]

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