A 320
2003 No. 19
Communications
(c) involve the unreasonable disclosure of personal information about any
individual (including a deceased person).
(4) In this Chapter, “decision” includes any action, order, report, direction.
Review of
decision by
Commission.
87.—(1) An aggrieved person may at any time within but not later than 30
days after the date of receipt of the Commission’s statement of reasons specified in
section 86(2) of this Act request the Commission in writing for a review of the
Commission’s decision and specify therein the reasons and basis for his request.
(2) Subject to subsection (4) of this section, upon receipt of the aggrieved
person’s written submissions the Commission shall meet to review its decision taking
into consideration the submissions of the aggrieved person under subsection (1) of
this section.
(3) The Commission may, in carrying out the review of its decision under
this Part, use and exercise any of its powers under this Chapter.
(4) The Commission shall not later than 60 days from the date of receipt of
the aggrieved person’s written submissions, conclude its review of the decision
and inform the aggrieved person in writing of its final decision thereon and the
reasons therefor.
Judicial
review of
decision.
88.—(1) Subject to section 87 of this Act and subsections (2) and (3) of this
section, an aggrieved person may appeal to the Court for a judicial review of the
Commission’s decision or other action.
(2) The decision or direction of the Commission that is the subject matter
of an application for judicial review shall subsist and remain binding and valid
until it is expressly reversed in a final judgement or order of the Court.
(3) A person shall not apply to the Court for a judicial review unless that
person has first exhausted all other remedies provided under this Act.
PART XI—MONITORING AND REPORTING
Monitoring
and reporting.
89.—(1) The Commission shall monitor all significant matters relating to
the performance of all licensees and publish annual reports thereon at the end of
each financial year of the Commission.
(2) In performing its functions under subsection (I) of this section, the
Commission shall—
(a) use any of its powers under this Chapter and in particular but without
limitation, its powers of investigation and information-gathering pursuant to
Parts III and IV of this Chapter ; and
(b) have regard to such industry performance indicators as the Commission
considers appropriate.
(3) Matters upon which the Commission shall monitor and report include
but are not limited to the following—
(a) the operation and administration of this Act and its subsidiary legislation ;
(b) the efficiency in which licensees provide facilities and services ;