Part 2: The Independent Commission for Reconciliation and Information Recovery (ICRIR) Reviews of deaths and other harmful conduct Section 13: Conduct of reviews
This section sets out the functions and responsibilities of the Commissioner for Investigations in relation to the conduct of ICRIR reviews, over which the Commissioner for Investigations has operational control (see subsections (2) and (3). Subsection (1) provides that the Commissioner must comply with obligations under the Human Rights Act 1998 when exercising functions under the section – note that this does not limit the Commissioner’s duty to comply with the same obligations when exercising other functions (see subsection (11)).
	Subsection (4) imposes a duty on the Commissioner for Investigations to ensure that each review is carried out, subject to the exceptions provided for in subsection (10).
	Subsection (5) requires that the Commissioner for Investigation ensures that every review looks into all the circumstances of the death or other harm conduct to which it related, regardless of whether a criminal investigation forms part of that review.
	Subsection (6) requires the Commissioner for Investigation to decide in each case how and when a review is to be carried out, including by deciding whether different reviews should be carried out in conjunction with each other (for example where a particular incident resulted in multiple deaths). The Commissioner is also required to decide on the steps necessary in carrying out the review (for example, any investigative measures that may be required). In particular, the Commissioner must decide in each case whether a criminal investigation is required as part of the review (see subsection (7)).
	Subsection (8) provides that, when deciding what steps are necessary in carrying out the review, the Commissioner must take into account any investigation previously carried out by any other person into the death or other harmful conduct to which the review relates (for example a previous police or coronial investigation). The Commissioner must also ensure that the ICRIR does not do anything which duplicates any aspect of a previous investigation save where necessary. Under subsection (9), when deciding what steps are necessary, the Commissioner for Investigation is to have regard to certain matters in particular, so far as they are relevant. These matters are: any particular questions which the person requesting the review may have asked, whether the review is likely to lead only to the production of a final report, any related request for immunity from prosecution, and the likelihood that information obtained through the review will be passed to a prosecutor.
	Subsection (12) gives meaning to certain terms used in the section.