103Complaint after review by public sector organisation

103 Complaint after review by public sector organisation (1) A person aggrieved by a decision of a public sector organisation on an application for review by the organisation under Part 3, Division 4 (including a decision made on a further review mentioned in subsection (2)(b)) may make a complaint to the Commissioner about the decision. (2) If the Commissioner considers it appropriate to do so, the Commissioner may: (a) refer the complaint back to the public sector organisation that made the decision; and (b) require the organisation to conduct a further review of the decision under Part 3, Division 4. (3) Subsection (2) does not apply to a complaint about a decision made on a further review mentioned in subsection (2)(b). (4) If an application for a review of a decision of a public sector organisation is sent to the Commissioner by the organisation under section 39A(1), the Commissioner must deal with the application as a complaint about the decision under subsection (1). (5) Subsections (2) and (3) apply to an application that is dealt with under subsection (4) as a complaint as if the references in subsection (2)(b) and (3) to a further review were references to a review.