Thank you very much.
Proposed subsection 696.5(1) lists the same two conditions but presents them as alternatives using the conjunction “or”. It says that the new commission may investigate “if the Commission has reasonable grounds to believe that a miscarriage of justice may have occurred or considers that it is in the interests of justice to do so”.
Should the commission be required to conduct an investigation? Should the provision say instead that the new commission “shall” or “must” investigate?
Also, why are the two conditions presented as alternatives?