39Decision of review panel

39 Decision of review panel

39 Decision of review panel

(1) In deciding an application for a review made under section 34(1), the review panel may—

(a) affirm the Commissioner’s determination, or

(b) vary the Commissioner’s determination, or

(c) set aside and substitute the Commissioner’s determination, or

(d) allow the officer to attempt a rank-based assessment again.

(2) In deciding an application for a review made under section 35(1), the review panel may—

(a) if satisfied the process relating to the assessment was not in any way irregular—affirm the outcome, or

(b) if satisfied the process relating to the assessment was in any way irregular—recommend the outcome be revoked and another assessment process be carried out.

(3) The decision supported by a majority of the members of the review panel is the decision of the panel.

(4) The review panel must, within 72 hours after making the decision, notify the Commissioner and the applicant of the decision and the reasons for the decision.

(5) Failure by the review panel to give notice within the period prescribed under subsection (4) does not invalidate the decision.

(6) A decision of the review panel under this section is final and not subject to any further review.