Clause 81

The Commissioner shall appoint an officer or officers (hereinafter referred to as the reviewing authority) to act for the purposes of this section in any particular case or any class of cases.

No person shall be appointed to be or act as the reviewing authority unless he is a qualified person within the meaning of the Legal Profession Act (Cap. 217).

Where a charge has been dealt with by a disciplinary officer otherwise than by the dismissal thereof, the reviewing authority shall as soon as practicable review the finding or award.

Where on a review under this section it appears to the reviewing authority expedient to do so by reason of any mistake in law in the proceedings on the dealing with the charge or of anything occurring in those proceedings which in the opinion of the reviewing authority involved substantial injustice to the accused, the reviewing authority may quash the finding and may order a re-trial if it considers that a re-trial is necessary in the interests of justice.

If a finding in any proceedings is quashed under subsection (4) and the award made in those proceedings relates only to the finding quashed, the reviewing authority shall also quash the award; and if the award relates also to any other finding and it appears to the reviewing authority that the award was not warranted by this Act in respect of that other finding, the reviewing authority may vary the award by substituting such punishment as the reviewing authority may think proper, being a punishment which could have been included in the original award in relation to that other finding, and not being in the opinion of the reviewing authority more severe than the punishment included in the original award.

Where on a review under this section it appears to the reviewing authority that a punishment awarded was invalid, or too severe, the reviewing authority may vary the award by substituting such punishment as the reviewing authority may think proper, being a punishment which could have been included in the original award and not being in the opinion of the reviewing authority more severe than the punishment included in the original award.

Where on a review under this section it appears to the reviewing authority that an order to pay compensation made under section 75(3) or (4) was invalid, or unduly excessive, the reviewing authority may quash the order or vary the amount of compensation payable under the order.

The reviewing authority may at any time suspend the execution of any sentence passed by a disciplinary officer for such period as it thinks fit.