Section 16 Manual

6.0 Conclusion of the review

6.1 Having considered all the relevant facts and arguments contained in the submissions of all parties, along with any legal advice and any directions of the Commissioner, the Investigator should review the status of the case. The Investigator may conclude at this stage that the case is one which is capable of being settled as a result of a modification of the position of the public body or a modification of the request or both.

6.2 On the other hand, the Investigator may come to the conclusion that neither party is likely to further modify its position in a way which will lead to settlement of the case. In such cases, the Investigator should prepare a submission and draft decision for transmission to the Commissioner, along with the full file (note : in certain cases the Commissioner may delegate a Senior Investigator or Investigator to make a decision on her behalf).

6.3 The purpose of a submission is to ensure that the Commissioner is fully informed as to the facts of the case, all arguments presented and any legal advice and to explain the approach taken in the case, to the extent that this is not apparent from the decision. The submission directs the Commissioner's attention to any documents in the file which the Investigator considers will be of particular assistance to her in reviewing the case.

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