In accordance with s.33(3) or s.34(2) of the PSML, the Commission will make a recommendation to the Governor within 30 calendar days of either the consideration of all submissions or of the Hearing, whichever is applicable. The Governor is then responsible for making the final decision as he/she sees fit.
In accordance with s.54(3) of the PSML, the Commission will render a decision in writing to both parties within 30 calendar days of either the consideration of all submissions or of the Hearing, whichever is applicable.
POSSIBLE JUDICIAL REVIEW OF THE DECISION RENDERED BY THE CSAC
Following the decision of the CSAC, it is an option available to any party who has an interest in the decision to ask the courts to apply for leave for judicial review. A judicial review is a review the process for lawfulness conducted by the Courts. In any judicial review matter before the Court, each party has their own interest which they would like to protect or defend. The PSML does not prescribe that the CSAC can, or should, represent either party in court, whether the ruling was in the parties favour or not) during a judicial review process.
Should a judicial review proceeding be initiated by either party, the CSAC’s advice to the other party is that they would be well served to seek advice from a representative (a lawyer or otherwise) of their choosing, at their own expense, as to what actions they should now take, if any. This will enable them to better understand the process and protect their own interests.
It is note the policy of the CSAC to object to the filing of a judicial review application. The CSAC takes the view that judicial reviews potentially improve the quality and resilience of CSAC decisions. In turn, the CSAC will seek to encourage the completion of any judicial review process.