Garda Síochána (Compensation) Act 2022
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Review | ||
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17. (1) A review officer may, in accordance with the procedures referred to in subsection (3), if any, do either or both of the following: | ||
(a) request such further information from the applicant or the reporting officer concerned, or both, as he or she considers necessary for the purposes of the review; | ||
(b) invite the applicant or the reporting officer concerned, or both, to make written or oral submissions to him or her in respect of the review and, where the review officer does so, he or she shall specify the period within which such submissions may be made. | ||
(2) A person shall comply with a request under subsection (1)(a), or an invitation under subsection (1)(b), as the case may be. | ||
(3) The Minister may, in consultation with the Garda Commissioner, establish the procedures, including in relation to the requests referred to in subsection (1)(a) and the invitation referred to in subsection (1)(b), to be followed by a review officer in relation to determining reviews. | ||
(4) In considering an application for review under this section the review officer shall consider— | ||
(a) the reasons for the application stated under section 16 (2)(b), | ||
(b) the information contained in the application, and the documents accompanying the application, referred to in section 16 (2)(c), | ||
(c) any information provided or submissions made pursuant to paragraph (a) or (b) of subsection (1), as the case may be, and | ||
(d) such other information or documents, including information or documents relating to the incident the subject of the application, as he or she considers relevant. | ||
(5) The review officer shall make a determination of the application for a review in writing as soon as is practicable in all the circumstances of the case, but in any event not later than 3 months after the date of his or her assignment under subsection (2) or (7)(a) of section 15 which may be a determination to— | ||
(a) confirm— | ||
(i) a decision by the Garda Commissioner not to extend, in accordance with section 10 (4), the period for making an application for initial assessment, | ||
(ii) a refusal referred to in section 13 (1)(a)(i), | ||
(iii) a refusal referred to in section 13 (2)(c)(ii), or | ||
(iv) a determination referred to in section 14 (9)(b), | ||
as the case may be, or | ||
(b) annul— | ||
(i) a decision by the Garda Commissioner referred to in paragraph (a)(i) and direct the Garda Commissioner to extend under section 10 (4) the period for making an application for initial assessment, | ||
(ii) a refusal referred to in section 13 (1)(a)(i) and direct the reporting officer to accept the application and arrange under section 13 (1)(b) for the preparation of an initial assessment report, | ||
(iii) a refusal referred to in section 13 (2)(c)(ii) and direct the reporting officer to include the applicant concerned in the application for initial assessment, or | ||
(iv) a determination referred to in section 14 (9)(b) and replace it with a determination referred to in section 14 (9)(a) (to which section 14 (10) shall apply as it applies to the making of a determination by a reporting officer), | ||
as the case may be. |