Residential Institutions Redress Act, 2002
|
Hearing of application. |
10.—(1) An application may be heard before a sitting of the Board consisting of a chairperson (who may be a person other than the Chairperson) and at least one other member of the Board. | |
(2) The Board shall conduct its hearings otherwise than in public. | ||
(3) An application shall be made to the Board in the manner determined by the Board. | ||
(4) When making an application the applicant shall provide the Board with evidence of— | ||
(a) his or her identity, | ||
(b) residence at the institution concerned, | ||
(c) the abuse received while so resident, and | ||
(d) the injury received as a consequence of such abuse. | ||
(5) The applicant, as he or she determines, shall provide the evidence referred to in subsection (4) either— | ||
(a) orally, or | ||
(b) by a written statement as prescribed. | ||
(6) For the purposes of establishing the matters specified in paragraph (a) to (d) of subsection (4), the Board may on its own behalf or at the request of an applicant, request, by notice in writing, any person to produce to the Board or to the applicant any document in his or her possession, custody or control which relates to such matters. | ||
(7) A person to whom a notice under subsection (6) is addressed shall provide the Board with the document specified in the notice if it is in the possession, custody or control of that person. | ||
(8) The Board may hear submissions on behalf of the applicant and any other evidence it considers appropriate and where evidence is given in accordance with subsection (5)(b) the Board may request the applicant concerned to provide oral evidence in respect of the matters referred to at paragraphs (c) and (d) of subsection (4). | ||
(9) The Board shall make a preliminary decision as to whether the applicant is entitled to an award having regard to the matters specified in paragraphs (a) to (d) of subsection (4) and, where appropriate, any matter arising out of section 11 . | ||
(10) The Board may make an interim award where— | ||
(a) it makes a preliminary decision in accordance with subsection (9) that the applicant is entitled to an award, | ||
(b) is satisfied that it is probable, having regard to all the circumstances, that an award that is equal to or greater than the amount of the interim award will be made in respect of the applicant, and | ||
(c) it is of the opinion that having regard to the age or infirmity of an applicant the making of an interim award is appropriate in the circumstances, | ||
and such interim award shall not exceed €10,000 and it shall deduct the amount of such interim award from the award made in accordance with section 13 . | ||
(11) The Board shall, where it makes a preliminary decision that the applicant is entitled to an award, request the advisers appointed under section 11 (1) to prepare a report on the injuries, referred to in subsection (4)(d), received by the applicant and, where the Board considers it appropriate, may require that such report shall have regard to any matter arising out of the oral evidence given by the applicant. | ||
(12) An adviser referred to in subsection (11) shall prepare and submit such report to the Board and when preparing such report that adviser— | ||
(a) shall have regard to the medical reports submitted by the applicant. | ||
(b) shall have regard to the evidence provided on behalf of the applicant by his or her medical advisers, | ||
(c) shall have regard to the evidence given under subsection (4), | ||
(d) may, where that adviser considers it appropriate, carry out an assessment of the applicant and such assessment may include conducting an interview with the applicant and his or her medical advisers, and | ||
(e) shall have regard to the matters specified in section 7 (1)(c) and any requirement of the Board under subsection (11). | ||
(13) An applicant, other than an applicant referred to in section 9 , shall appear in person and may be represented by counsel or solicitor before the Board. | ||
(14) An applicant or a relevant person and any person giving evidence on behalf of an applicant or a relevant person may be asked questions by the Board or by counsel for the Board or by both. | ||
(15) Where an application is made on behalf of a deceased person in accordance with section 9 , the Board shall rely on— | ||
(a) the oral evidence of the children or spouse in respect of the matters specified in paragraphs (a) to (c) of subsection (4), and | ||
(b) medical reports submitted on behalf of the deceased person. |