71Statements by parties

71  Statements by parties

 (1) The Merit Protection Commissioner may, by written notice, invite (as the case requires):

 (a) an applicant for review of a promotion decision, and the person promoted; or

 (b) an applicant for review of an engagement decision, and the person engaged;

to give the Merit Protection Commissioner a written statement setting out the person’s claim for promotion or engagement to the relevant employment.

 (2) A statement under subsection (1) must be given to the Merit Protection Commissioner:

 (a) within 14 days after the day the notice under subsection (1) was given; or

 (b) if:

 (i) within that 14 days, the applicant for review, or the person promoted or engaged, asks the Merit Protection Commissioner for a longer period within which to give the statement; and

 (ii) the Merit Protection Commissioner agrees to a longer period;

  within that longer period.

 (3) If the statement is not given within the period required under subsection (2), the PRC may consider and decide the application for review without the statement.

 (4) Subject to paragraph 73(1)(a) (which relates to procedural fairness), neither an applicant for review, nor a person promoted or engaged, as mentioned in paragraph (1)(a) or (b) of this section is entitled to have access to a statement that is given to the Merit Protection Commissioner by someone else under subsection (1) of this section.