Residential Institutions Redress Act, 2002

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Supplemental provisions to section 10 .

11.—(1) The Board shall appoint persons with appropriate medical and related expertise as advisers to advise generally in respect of injuries referred to in section 7 (1)(c) and, without prejudice to the generality of the foregoing, such advisers shall prepare a report on injuries of an applicant for the purpose of making an award.

(2) The Board may appoint its own counsel who may call such expert witnesses to give evidence as the Board may require.

(3) Subject to this Act, the Board shall determine its own procedures and, in so doing, shall, in as far as is practicable, adopt procedures which are informal.

(4) The Board may sit in divisions of itself to exercise its functions.

(5) The Board may act notwithstanding one or more vacancies among its members.

(6) The Board may, in addition to hearing counsel for an applicant, in respect of any matter before it, seek the assistance of counsel appointed by the Board in relation to any matter which it regards as necessary.

(7) The Board shall determine the manner in which an applicant shall provide evidence of his or her identity.

(8) The Board shall take such reasonable steps as are necessary, and in accordance with regulations made under this section, to inform a relevant person of an application under this Act in which the relevant person is referred to and where the Board so informs that relevant person—

(a) the Board shall invite that relevant person to provide it with any evidence in writing concerning such application as the relevant person considers appropriate,

(b) the Board may, on an application by a relevant person, allow the relevant person to give oral evidence to the Board in respect of the application,

(c) the relevant person may, in person or through a legal or other representative, and, with the consent of the Board, cross-examine the applicant and any person giving evidence on behalf of the applicant for the purpose of—

(i) correcting any mistake of fact or misstatement relating to or affecting the relevant person made in the application,

(ii) defending the relevant person in relation to any allegation or defamatory or untrue statement, made in the application, or

(iii) protecting and vindicating the personal and other rights of the relevant person,

and

(d) an applicant may, in person or through a legal or other representative, and, with the consent of the Board, cross-examine the relevant person and any person giving evidence on behalf of the relevant person,

and the Board shall consent under this subsection if it considers that, in the interests of justice, it is necessary or expedient to do so for any of the purposes so specified.

(9) A relevant person may request the Review Committee to review a refusal of the Board, under subsection (8), and the Review Committee may either confirm the decision of the Board or direct the Board to allow the relevant person to give oral evidence in the application concerned.

(10) Where there is a conflict between the evidence given by the applicant and the evidence given by a relevant person which cannot be resolved to the satisfaction of the Board, the Board shall request the advisers appointed under subsection (1) to prepare a report on the injuries referred to in section 10 (4)(d) and section 10 (12) shall apply to the making of such report.

(11) The Board, having considered a report made pursuant to subsection (10), shall make a preliminary decision under section 10 (9) and the report prepared pursuant to subsection (10) shall be relied on for the purposes of section 10 (12).

(12) The making of an award to an applicant, notwithstanding a conflict between the evidence given by the applicant and a relevant person, shall not constitute a finding of fact relating to fault or negligence on the part of the relevant person.

(13) The Minister may make regulations concerning the giving of evidence and the service of documents under this Act.