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2.3.7 The discretion of Delegates


Note also that it is the Delegate (i.e. you) and not some other party, who must be satisfied as to the likelihood of a particular assertion. As a Delegate you are expected to use your judgement and discrimination to interpret the evidence and investigate the contentions put to you. You are not 'processing' so much as investigating and subsequently judging a claim for compensation. The act of seeking evidence (i.e. via medical reports etc.) is to provide you with information to make an informed decision. The significance of the act of investigation is dependent upon your judgement of the worth of the evidence recovered, and is not merely that the inquiry can be said to have been made.

Delegates must decide cases in a manner consistent with the legislation, with RCG policy instructions and with the guidance of this Handbook. However, within those parameters (particularly those of S72 of the SRCA), Delegates have wide discretion and may weight or discount the significance of particular items of evidence in accordance with their own judgement and reason, rather than the expectations of advocates. Similarly, Delegates following correct guidelines should not be induced to trim their own judgement to 'second guess' a possible future decision or to conform with what an employee or advocate alleges would be found by a reconsideration or review.