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Will the decision-maker be there?

  • In administrative law processes such as merits review hearings it is not common to have the original decision-maker there.
  • This can be due to a number of factors.
    • As part of the overall push by governments to reduce costs a decision is often made by the reviewing body to simply hear your side of the story and compare this to the written decision. Having an officer take time to attend each review would ultimately lead to higher costs for all.
    • Also many departments elect to have their side of the story represented simply by what is on your decision file. This will usually include all submitted material, their decision notes, the relevant law and the actual decision.
    • In a way the department is saying “this file is our entire case. There is no more to add.” You will be given a copy and have your chance to comment upon all aspects of the government’s submitted materials.

 

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