Commission To Inquire Into Child Abuse Act, 2000
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Provisions in relation to discovery. |
31.—(1) A court shall not make an order against the Commission or a Committee in proceedings to which the Commission or a Committee is not a party for the discovery, inspection, production or copying of— | |
(a) a document created by the Commission, a Committee, a person conducting an examination pursuant to section 14 (5) or an inquiry officer, or | ||
(b) a document given or sent to a person referred to in paragraph (a) and in the possession or control of any person so referred to. | ||
(2) Where a document is in the custody of a person pursuant to section 7 (6), other than the person who produced or sent it to the Commission or a Committee, a court shall not make an order for the discovery, inspection, production or copying of the document against the first-mentioned person. | ||
(3) Where— | ||
(a) a document is produced or sent by a person (“the sender”) to a person referred to in subsection (1)(a) for the purposes of the functions of the Commission, and | ||
(b) an order for the discovery of the document is made by a court against the sender at a time when it is in the possession or control of the person to whom it was so produced or sent, | ||
the document shall be deemed to be in the control or procurement of the sender and the Commission shall make it available to him or her. |