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 10,803 Job: specialist/lof/allvols/serv_0/cap3a_399501 Page: 19 Date: 21/11/2016 Time: 23:31:5 bwpageid:: 10803:: bwservice::0:: Service 0

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