Section 16 Manual

4.6 Screening of applications

The purpose of screening is to ensure both that applications are valid and that there is no reason why the Commissioner should exercise her discretion under section 34(9) to refuse to accept the application. Section 34(9) permits the Commissioner to refuse an application if she is of the opinion that :

the application is frivolous or vexatious,
the application does not relate to a decision which he/she is empowered to review under section 34, or
the matter to which the application relates is, has been or will be, the subject of another review.

4.7 Screening should be carried out using the checklists in Appendix 1.

4.8 Following screening, the file should be referred to the head of the support unit if:

it appears that the application is invalid, or
the applicant has or had other reviews (in case the application is related), or
the application appears to relate to a matter which is or has been the subject of another review by the Commissioner, or
the request is one to which section 29 applies and a decision on the request has been made on internal review.

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