Residential Institutions Redress Act, 2002

Decision of Review Committee.

15.—(1) The Review Committee shall review—

(a) the amount of an award that is submitted in accordance with section 13 (4)(b) or 13(13),

(b) a direction under section 13 (8)(b), and

(c) a decision referred to, and submitted in accordance with, section 13 (9).

(2) The Review Committee shall, when reviewing an award, have regard to—

(a) the regulations made by the Minister under section 17 ,

(b) the report referred to in section 10 (12),

(c) the medical reports submitted by the applicant, and

(d) the evidence given to the Board by the applicant and by any witness called by the applicant.

(3) The Review Committee, in a review of an award made by the Board, may—

(a) uphold the amount of the award, or

(b) increase or decrease the amount of the award,

and shall notify the Board and the applicant of its decision as soon as practicable.

(4) The Review Committee, in a review of a decision referred to in section 13 (9)

(a) shall review the evidence submitted to the Board and may hear oral evidence of the applicant and his or her medical advisers,

(b) may hear submissions on behalf of the applicant and other evidence as it considers appropriate,

(c) where it is satisfied that the matters specified in section 7 (1) have been established, shall make a preliminary decision that the applicant is entitled to an award and shall notify the Board and the applicant of the decision as soon as practicable, and

(d) where it is satisfied that any or all of the matters specified in section 7 (1) have not been established, it shall inform the applicant and the Board in writing as soon as is practicable and shall not make an award.

(5) Where the Review Committee makes a decision—

(a) under subsection (3), it shall notify the applicant and the Board of the amount of such award and shall direct the Board to make an award in the amount so notified, and

(b) under subsection (4)(c), it shall notify the applicant and the Board accordingly and the Board shall regard such decision as if it was a preliminary decision referred to in section 10 (10).

(6) Where the Review Committee makes notification under subsection (5)(a), the Board shall, having regard to the period referred to in subsection (8), make an award in the amount concerned and subsections (6) to (8)(a) of section 13 shall apply to the award.

(7) Where a decision under subsection (3) has been notified to the applicant, he or she shall have a period of one month or such greater period as may be prescribed from the date of receiving the notification during which he or she may decide in writing either to accept or reject the decision of the Review Committee and where the applicant so decides he or she shall notify the Board of the decision.

(8) If the applicant neither accepts nor rejects the decision of the Review Committee within the period specified in subsection (7), the applicant shall be deemed to have rejected the decision of the Review Committee.

(9) The applicant, other than an applicant referred to in section 9 , shall appear in person and may be represented by counsel or solicitor before the Review Committee.

(10) An applicant and any person giving evidence on behalf of an applicant may be asked questions by the Review Committee.

(11) Where an application for a review is made on behalf of a deceased person in accordance with section 9 , the Review Committee shall rely on—

(a) the oral evidence of the children or spouse in respect of the matters specified in paragraphs (a) to (c) of subsection (4), and

(b) medical reports submitted on behalf of the deceased person.

(12) The Review Committee may uphold a direction under section 13 (8)(b) or direct how such moneys shall be paid as it considers appropriate having regard to the circumstances of the applicant.