39Conduct of review

39 Conduct of review section 38, a public sector organisation must: (a) subject to subsection (2), review the decision the subject of the application and notify the applicant in writing of the outcome of the review; or (b) send the application to the Commissioner under section 39A. (2) A public sector organisation may refuse to review a decision if satisfied that the application for review was not made within 30 days after the applicant was notified of the decision the subject of the application, in which case, the organisation is taken to have confirmed the decision. Information Act 2002 31 (2A) If a decision is required to be reviewed under this Division as the result of a referral by the Commissioner under section 103(2): (a) the reference in subsection (1) to 30 days after receiving an application in accordance with section 38 is taken to be a reference to 30 days after receiving the referral; and (b) subsection (2) does not apply to the review. (3) A review is to be conducted fairly and with as much expedition as a proper consideration of the matter permits. (4) Subject to this section and section 40: (a) a public sector organisation is to treat an application for review as if it were an application under Division 2 or 3, as the case requires; and (b) that Division applies (with the necessary changes) accordingly. (5) A review is not to be conducted by the officer or employee who made the decision the subject of the review.