Residential Institutions Statutory Fund Act 2012

22.

Appeals.

22.— (1) The following persons may appeal a decision of a decision maker to an appeals officer:

( a) a person who the decision maker decides is not a former resident;

( b) a former resident to whose application the decision relates.

(2) An appeal shall be made not later than 30 days after giving of the notice, under section 20(8) of the decision of the decision maker however, this period at the request in writing of the appellant, may be extended by the appeals officer for a further period not exceeding 30 days if the appeals officer is satisfied that the person has given reasonable cause to so extend.

(3) An appeal under this section shall state the reasons for the appeal.

(4) The Minister shall prescribe procedures for hearing and determining appeals by an appeals officer including—

( a) the form in which the appeal shall be made, including electronic form,

( b) making of submissions, whether oral or written, to the appeals officer,

( c) requests for further information by the appeals officer, and

( d) examination by the appeals officer of the appellant and any other person whom the appeals officer considers appropriate.

(5) In considering an appeal under this section an appeals officer shall—

( a) not be confined to the grounds on which the decision of the decision maker was based, but may decide the matter the subject of the appeal as if it were being decided for the first time,

( b) subject to procedures prescribed under subsection (4), as he or she considers appropriate, consider written or oral submissions made by the appellant and consult with the Board,

( c) make a decision in writing determining the appeal as soon as is practicable in all the circumstances of the case which may be a determination to—

(i) confirm the decision the subject of the appeal,

(ii) revoke the decision and replace it with such other decision as the appeals officer considers appropriate, or

(iii) refer the matter back to the decision maker for reconsideration in accordance with such directions as the appeals officer considers appropriate,

and

( d) send a copy of the decision to the appellant, the Board and the decision maker together with his or her reasons for the decision.

(6) A person (including the Board) affected by a decision under subsection (5) (c) may appeal to the High Court—

( a) on a point of law from the decision, and

( b) not later than 28 days after he or she receives a copy of the decision and the reasons for the decision under subsection (5)(d).

(7) A decision of the High Court following an appeal under subsection (6) shall, where appropriate, specify the period within which effect shall be given to the decision.

(8) A decision of the High Court on an appeal under subsection (6) shall be final and conclusive.

(9) The Board shall—

( a) if applicable, give effect to a decision under subsection (5)(c) as soon as is practicable after the period referred to in subsection (6)(b) has elapsed without any appeal under subsection (6) having been made in respect of that decision,

( b) if applicable, give effect to a decision of the High Court on an appeal under subsection (6)

(i) within the period, if any, specified in the decision,

(ii) if subparagraph (i) is not applicable, as soon as is practicable.

Annotations:

Editorial Notes:

E8

Power pursuant to subs. (4) exercised (29.01.2014) by Residential Institutions Statutory Fund (Appeals) Regulations 2014 (S.I. No. 21 of 2014).