43Decision of appointed person

43 Decision of appointed person

43 Decision of appointed person

(1) In deciding the application, the appointed person may—

(a) affirm the decision the subject of the application, or

(b) vary the decision the subject of the application, or

(c) set aside and substitute the decision the subject of the application.

(2) The appointed person must, as soon as practicable after making the decision, notify the Commissioner and the applicant of the decision and the reasons for the decision.

(3) However, the notice of the reasons for the decision under subsection (2) must not—

(a) without the approval of the Commissioner, disclose the existence, nature or content of the following—

(i) an ongoing criminal investigation,

(ii) an ongoing investigation under the Act, Part 8A, or

(b) without the approval of the LECC Chief Commissioner, disclose the existence, nature or content of an ongoing investigation under the Law Enforcement Conduct Commission Act 2016, Part 6.

(4) The decision of the appointed person is taken to be the decision of the Commissioner.

(5) The decision of the appointed person under this section is final and not subject to any further review.