The Merit Protection Commissioner looks at the case afresh and may:
- identify legal errors in decisions such as a failure to afford procedural fairness or to follow mandatory procedures – in these cases the Merit Protection Commissioner will recommend the decision be set aside and refer the case back to the agency to remake the decision.
- independently consider the evidence gathered by the agency and provided by the review applicant
- gather additional evidence where necessary
- form an independent view of the case
- recommend that an agency decision be confirmed, varied or set aside for the same or different reasons from the agency decision maker.