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(e) when an application is withdrawn by the applicant or is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