The merit review must be dealt with in a way that best supports the objects of the Motor Accidents Injuries Act 2020. This may include conducting the review on the papers or via teleconference, videoconference or face-to-face meeting. The merit reviewer will act with as little formality as circumstances permit and will make their findings according to equity, good conscience and the substantial merits of the matter without regard to technicalities.
Information and material that was not before the internal reviewer may be considered and a merit reviewer may also request further information from the parties. The merit reviewer will decide what is the correct and preferable decision in the matter, having regard to the material before them and any applicable written or unwritten law.
A decision of the insurer may be affirmed, varied or set aside. Where a decision is set aside, the merit reviewer may make a decision in substitution for the reviewable decision or remit the matter for the insurer to reconsider in accordance with directions.
The parties will be issued a certificate as to the determination, including a brief statement of reasons.