Garda Síochána (Compensation) Act 2022

Report of review

18. (1) The review officer shall, as soon as practicable after the review has been determined by him or her, make a report in writing of the review which shall include—

(a) particulars of the matters considered by the review officer for the purposes of the review,

(b) the outcome of the review and the reasons for that outcome, and

(c) any other matters that the review officer considers appropriate.

(2) Where the report is one to which section 17 (5)(a)(i) relates, the review officer shall send a copy of the report to the applicant and the Garda Commissioner.

(3) Where the report is one to which subparagraph (ii), (iii) or (iv) of section 17 (5)(a) relates, the review officer shall send a copy of the report to the applicant, the reporting officer and the Garda Commissioner.

(4) Where the report is one to which section 17 (5)(b)(i) relates, the review officer shall send—

(a) the report to the Garda Commissioner in order that the Garda Commissioner can comply with the direction referred to in that section, and

(b) a copy of the report to the applicant,

and the Garda Commissioner shall comply with that direction.

(5) Where the report is one to which section 17 (5)(b)(ii) or section 17 (5)(b)(iii) relates, the review officer shall send—

(a) the report to the reporting officer in order that the reporting officer can comply with the direction referred to in the relevant section, and

(b) a copy of the report to the applicant and the Garda Commissioner,

and the reporting officer shall comply with that direction.

(6) Where the report contains a determination to which section 17 (5)(b)(iv) relates—

(a) the review officer shall, as soon as practicable, but in any event not later than 30 days after the date of the making of the report, send—

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

(ii) a copy of the report to the applicant, the reporting officer and the Garda Commissioner,

(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 a copy of the 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.