Garda Síochána (Compensation) Act 2022

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Initial assessment and determination

14. (1) For the purposes of completing the initial assessment report, the reporting officer shall consider—

(a) the application for initial assessment and all accompanying information and documents,

(b) any information or document provided under subsection (2),

(c) any clarification, information or document provided in accordance with a request under subsection (3), and

(d) such other information or documents, including information or documents relating to the incident the subject of the application for initial assessment, as he or she considers appropriate.

(2) The applicant may, not later than 60 days after the date of issue of the notification referred to in section 13 (1)(b)(ii), provide to the reporting officer further information or documents that he or she considers to be relevant in relation to his or her application for initial assessment.

(3) The applicant shall, within any period requested by the reporting officer, comply with any request by the reporting officer to—

(a) clarify in writing any information or documents submitted in respect of the application for initial assessment concerned, or

(b) provide further information or documents in writing in respect of the application for initial assessment concerned.

(4) The initial assessment report shall be in writing and shall include the following:

(a) a determination under subsection (9);

(b) the reasons for the determination;

(c) any other information that the reporting officer considers relevant to the application.

(5) Subject to subsections (6) to (8), the reporting officer shall provide the initial assessment report to the Garda Commissioner not later than 4 months after the date of his or her appointment as reporting officer in respect of the application for initial assessment.

(6) Where the reporting officer is of the view that it will not be possible for him or her to provide the initial assessment report to the Garda Commissioner within the period referred to in subsection (5), the reporting officer shall, before the expiry of that period—

(a) by notice in writing—

(i) inform the applicant of the reasons for his or her view, and

(ii) specify the date (in this section referred to as the “specified date”), not later than 2 months after the end of the period of 4 months referred to in subsection (5), before which the reporting officer shall provide the initial assessment report to the Garda Commissioner,

and

(b) provide the Garda Commissioner with a copy of the notice in writing.

(7) Where subsection (6) applies and the reporting officer has not provided the initial assessment report to the Garda Commissioner before the specified date—

(a) the reporting officer shall provide the initial assessment report to the Garda Commissioner not later than 14 days after the specified date,

(b) the determination in the report shall be a determination referred to in subsection (9)(a), and

(c) subsection (11) shall apply accordingly.

(8) Notwithstanding subsections (5) to (7), where a person has applied for a review under section 16 , the period of review (namely the date on which the application for review was made until the date the reporting officer receives the report of the review officer, or until the date of withdrawal of the review under section 16 (3), as the case may be) shall not be taken into account when calculating the time periods referred to in subsection (5) and paragraph (a)(ii) of subsection (6).

(9) Subject to subsection (10), the determination contained in an initial assessment report shall be—

(a) a determination that the incident the subject of the application for initial assessment had occurred and was a malicious incident, or

(b) a determination that the incident the subject of the application for initial assessment either had not occurred or was not a malicious incident.

(10) Where the reporting officer—

(a) is making a determination under subsection (9) as to whether the incident concerned was a malicious incident, and

(b) is considering as part of the determination whether the injuries or death the subject of the application were as a result of the incident concerned,

it shall be sufficient for the purposes of paragraph (b) for him or her to be satisfied that one or more of such injuries, or the death, as the case may be, appears to have resulted from the incident concerned.

(11) Where the initial assessment report includes a determination referred to in subsection (9)(a)—

(a) the Garda Commissioner shall, as soon as practicable, but in any event not later than 30 days after the date on which he or she receives the initial assessment report concerned, send or cause to be sent—

(i) a notice in writing of the determination and of the matters referred to in paragraphs (b) and (c), and

(ii) a copy of the initial assessment report,

to the applicant,

(b) subject to paragraph (c), the applicant shall be entitled to take a civil action against the Garda Commissioner arising out of the malicious incident, and

(c) the Garda Commissioner shall, as soon as may be, but in any event not later than 30 days after the date on which he or she receives the initial assessment report, make or cause to be made an application to the Personal Injuries Assessment Board on the applicant’s behalf under section 11 of the Act of 2003, and Part 5 and, where appropriate, Part 6 , shall apply in relation to the application.

(12) Where the initial assessment report includes a determination referred to in subsection (9)(b), the Garda Commissioner shall, as soon as practicable, but in any event not later than 30 days after the date on which he or she receives the initial assessment report concerned, send or cause to be sent to the applicant—

(a) a copy of the initial assessment report, and

(b) a notification in writing informing the applicant that he or she may make an application under section 16 for a review of the determination.