|
|
Agency's power to obtain information and documents and to summon witnesses.
|
41.—(1) The Agency may for the purposes of an investigation do all or any of the following things—
|
|
| |
(a) require any person, by notice delivered to him personally or by registered post, to supply to it such information as it specifies in the notice and requires for the purpose of the investigation,
|
|
| |
(b) require any person, by notice delivered to him personally or by registered post, to produce to it or to send to it, any specified document in his power or control,
|
|
| |
(c) summon witnesses, by notices delivered to them personally or by registered post, to attend before it,
|
|
| |
(d) examine the witnesses attending before it.
|
|
| |
(2) A notice under subsection (1) shall not be delivered unless the Agency has obtained the consent of the Minister to the delivery, or unless the terms of reference for the investigation specify that the Agency believes that a person named in the terms of reference—
|
|
| |
(a) has discriminated or is discriminating,
|
|
| |
(b) has failed or is failing to comply with an equality clause under section 4,
|
|
| |
(c) has contravened section 8 (1) or section 9,
|
|
| |
(d) has engaged in or is engaging in a practice referred to in section 3 (2), or
|
|
| |
(e) has failed or is failing to comply with an equal pay clause (within the meaning of section 7 of the Act of 1974).
|
|
| |
(3) A witness before the Agency and a person sending a document to the Agency or supplying information to it shall be entitled to the same immunities and privileges as if he were a witness before the High Court.
|
|
| |
(4) A notice under subsection (1) shall be signed by at least one member of the Agency.
|
|
| |
(5) The Agency may make, to a person who attends before it as a witness, such payments in respect of subsistence and travelling expenses as may be determined by the Minister with the consent of the Minister for the Public Service.
|
