58Referral of recommendations not accepted to Chief Commissioner

58 Referral of recommendations not accepted to Chief Commissioner

(1) If the Public Interest Monitor is notified under section 55(2)(b) or 57(3)(b) that a recommendation is not accepted, the Public Interest Monitor may refer the decision not to accept the recommendation to the Chief Commissioner for review.

The Chief Commissioner cannot delegate a review under this section: see section 10.

(2) On a review under this section, the Chief Commissioner may—

(a) affirm the decision; or

(b) vary the decision; or

(c) set aside the decision and substitute a new decision.

(3) Within a reasonable time after receiving a referral under subsection (1), the Chief Commissioner must notify the Public Interest Monitor of the outcome of the review, including—

(a) if the decision was varied or set aside, any actions that have been taken or will be taken to implement the Public Interest Monitor's recommendation; and

(b) if the decision was affirmed, the reason for not accepting the Public Interest Monitor's recommendation.

(4) This section does not apply if the decision described in subsection (1) was made by the Chief Commissioner personally.