How does the Merit Protection Commissioner conduct merits review?

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.