20 No. of 2002] Freedom of Information under the Human Rights Commission Act, 1996 or from making an application for redress to the High Court against a public authority or the Commission, or both, in relation to that person’s right of access to information or the right not to have the information disclosed. (7) A complaint or allegation to the Human Rights Commission or an application to the High Court shall not be made by a person unless proceedings for review under this Part have been concluded. (8) For the purpose of subsection (7) proceedings for review are concluded (a) when an individual who made an application for those proceedings dies; (b) in the case of a person other than an individual, when that person ceases to exist; (c) when the period specified by the Commission under paragraph (b) of section thirty-three lapses; (d) in the case of a third party, on the date on which that party receives a copy of the Commission’s report made under section thirty-three; or (e) when an application is withdrawn by the applicant or is dismissed by the Commission. Commission’s right of access to information 30. Notwithstanding any other law or any privilege under the law of evidence, the Commission may, during investigations relating to any application for a review under this Part, examine any record to which this Act applies that is under the control of a public authority, and no such record may be withheld from the Commission on any grounds. 5 10 15 20 25 Evidence in other proceedings 31. Except in a prosecution of a person for an offence of perjury [or contempt] in respect of a statement made under this Act evidence given by a person in proceedings under this Act is inadmissible against 30 that person in a court or in any other proceedings. Findings and recommendations of Commission 32. (1) If after the consideration of an application for review the Commission finds— N.A.B 14, 2002 (a) that the applicant is entitled to the disclosure of the information requested, the Commission shall provide the head of the public authority concerned a report containing— 35 (i) the findings of the review and the recommendations of the Commission; and (ii) a request that, within a time specified in the report, notice is to be given to the Commission of any action taken or proposed to be taken to implement the recommendations in the report or reasons why no such action has been or is proposed to be taken. 40

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents