24. REVIEWS

The TIO's procedures allow complainants the right to a review of decisions which are unfavourable to the complainant. Complainants may request reviews of decisions at all levels of complaint (except for Level 4 complaints), including matters classified as Enquiries, e.g. because they have been deemed to be out of jurisdiction by a TIO officer. Reviews are conducted by the TIO's Review Officer.

Where an officer considers that the TIO should not investigate a complaint, or should not investigate further, the complainant must be given a reasonable opportunity to address whether he/she may be prejudiced by the TIO not proceeding with the complaint.

Officers must expressly advise complainants of their right to a review when providing formal written advice outlining the TIO's view and intention not to investigate, or not to investigate further.

Where a formal investigation has been conducted, the TIO encourages complainants to make any request for review within 14 days of receiving notification of the TIO's view. All reasonable requests for review received after this time will, however, be considered.

Where the Review Officer determines that a complaint does warrant investigation or further investigation, he/she will return the file to the Investigations or Enquiry Officer with instructions as to how to proceed. The officer must then action the complaint as required within 14 days, writing to both Member and complainant to advise of the outcome of the review.

Where the Review Officer determines that no investigation or further investigation is warranted, he or she will write to the complainant, outlining the reasons for his or her decision. Where appropriate, the file is returned to the Investigations Officer for closure and the Member is provided with a copy of the TIO's advice to the complainant.

Generally, a complainant has no further right of review.

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