Institutional Burials Act 2022
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Appeals | ||
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81. (1) Subject to subsection (2), a person (in this section referred to as an “appellant”) may, by notice in writing to the Director, appeal against— | ||
(a) a determination under section 48 that the person is not eligible to participate in an Identification Programme, or | ||
(b) a finding, notified to the person under section 50 (3)(b), that on the balance of probabilities, the genetic and non-genetic data available are not sufficient to suggest a familial link. | ||
(2) An appeal under subsection (1) shall be made within 8 weeks from the date the determination or finding, as the case may be, is notified to the person and shall specify the basis for the appeal and indicate whether the appellant wishes an oral hearing of the appeal. | ||
(3) A Director shall notify the relevant Minister in writing of the receipt of the appeal within 14 days of such receipt and the relevant Minister shall, within 4 weeks of receipt of that notification— | ||
(a) appoint an independent suitably qualified person (in this Act referred to as an “adjudicator”) to determine the appeal, and | ||
(b) direct the Director to provide to that adjudicator all material relating to the determination or finding which is the subject of appeal. | ||
(4) An adjudicator shall hold an oral hearing where an appellant indicates that he or she wishes the adjudicator to hold an oral hearing. | ||
(5) The adjudicator, having considered all material provided relating to a determination or finding which is under appeal and any evidence provided by the appellant and the Director whether in the course of an oral hearing (if any) or otherwise, may— | ||
(a) confirm the determination or finding, as the case may be, or | ||
(b) overturn the determination or finding and substitute his or her own determination or finding. | ||
(6) An adjudicator shall make his or her decision under subsection (5) within 12 weeks of being appointed and shall, as soon as practicable thereafter— | ||
(a) inform the appellant and the Director of his or her decision and the reasons for it, and | ||
(b) where the decision relates to an appeal under subsection (1)(b) and the appellant dies or becomes incapacitated before that decision is made, inform a nominee of the appellant in accordance with paragraphs (a) and (b) of section 50 (4) of that decision and the reasons for it. | ||
(7) Where an adjudicator makes a decision under subsection (5) to overturn a determination under section 48 that an appellant is not eligible to participate in an Identification Programme, the Director shall, as soon as practicable after being informed under subsection (6) of that decision, notify that appellant in writing that he or she may participate in the Programme. |