Commission To Inquire Into Child Abuse Act, 2000

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.