s 36
HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ACT 2009
[HRA 36]
(2) If a Commissioner has reason to believe that a person is able to give information
relevant to an investigation, the Commissioner may, by notice in writing, require the
person to attend before him or her, on a date and at the time and place specified in the
notice, to answer questions relevant to the investigation.
(3) For the purposes of an investigation the Commission and a Commissioner have the
same powers as a Judge of the High Court in respect of the attendance and examination
of witnesses and the production of documents.
(4) A person is not excused from giving information, producing a document, record or
thing or answering a question when required to do so pursuant to this Act, if the only
ground for refusal is that the giving of the information, the production of the document,
record or thing or the answer to the question would contravene a provision of a written
law, would be contrary to the public interest, or might tend to incriminate the person or
make him or her liable to a penalty, provided that the information, document, record, thing
or answer is not admissible in evidence against the person in proceedings other than
proceedings for an offence against section 49.
(5) Subject to section 35, a person is not excused from giving information, producing
a document, record or thing or answering a question when required to do so pursuant to
this Act on the ground that the material is commercially sensitive.
(6) Except on the trial of any person for perjury in respect of his or her sworn or
affirmed testimony, or proceedings for an offence against section 49, no statement made
or answer given by that or any other person in the course of any inquiry by or proceedings
before the Commission or a Commissioner is admissible in evidence against any person
in any court or at any inquiry or other proceedings, and no evidence in respect of
proceedings before the Commission or a Commissioner must be given against any person.
[HRA 35]
Disclosure of certain matters not to be required
35 (1) If the Attorney-General certifies that the disclosure of information concerning
a specified matter (including the furnishing of information in answer to a question or the
disclosure to the Commission or a Commissioner of the contents of a specified document
or record or the production of a specified thing) would be contrary to the public interest
because it would—
(a) seriously harm the commercial interests of any person or body;
(b) prejudice the security, defence or international relations of the State;
(c) involve the disclosure of deliberations or decisions of Cabinet or of a committee
of Cabinet; or
(d) a claim of State privilege could be made in relation to the information concerned,
the Commission or a Commissioner cannot require a person to give information
concerning the matter, to answer questions concerning the matter or to produce the
document, record or thing.
(2) The Commission must withhold publication of any written material which comes
into its possession in the course of an investigation and which is the subject of a certificate
by the Attorney-General under subsection (1).
[HRA 36]
Procedure after investigation
36 (1) After completing an investigation, the Commission must inform the parties of
the result of the investigation and whether, in its opinion—
(a) the complaint does not have substance, or cannot be established to have
substance or, in relation to an investigation of the Commission’s own motion,
that the matter ought not to be proceeded with; or
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