36Control and direction of decision-makers

36 Control and direction of decision-makers

36 Control and direction of decision-makers

(1) Decision-makers are, in the exercise of their functions, subject to the general control and direction of the President.

(2) However, a decision-maker is not subject to control and direction by the Commission (or a member), the Authority or any Public Service employee with regard to any of the decisions of the decision-maker that affect the interests of the parties to the merit review or medical assessment concerned.

(3) The Commission (or a member), the Authority or any Public Service employee may not overrule or interfere with any decision in respect of any assessment or review.

(4) Subsection (3) does not prevent an appeal or review panel from determining an appeal or review for which provision is made under enabling legislation.

(5) This section does not affect the exercise of the functions of the head of a Public Service agency under the Government Sector Employment Act 2013 with respect to decision-makers who are members of staff of the agency.