Residential Institutions Redress Act, 2002
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Entitlement to award. |
7.—(1) Where a person who makes an application (an “applicant”) for an award to the Board establishes to the satisfaction of the Board— | |
(a) proof of his or her identity, | ||
(b) that he or she was resident in an institution during his or her childhood, and | ||
(c) that he or she was injured while so resident and that injury is consistent with any abuse that is alleged to have occurred while so resident, | ||
the Board shall make an award to that person in accordance with section 13 (1). | ||
(2) A person who has received an award from a court or a settlement in respect of an action arising out of any circumstances which could give rise to an application before the Board shall not make an application to, or be heard by, the Board or be entitled to receive an award under this Act in respect of those circumstances. | ||
(3) Where a court has made a determination in an action arising out of circumstances which could give rise to an application before the Board the plaintiff in that action shall not make an application to, or be heard by, the Board and shall not be entitled to receive an award under this Act in respect of those circumstances. | ||
(4) The making of an application to the Board does not involve the waiver of any other right of action by the applicant. | ||
(5) An applicant shall not, when presenting an application to the Board, be required to produce to the Board any evidence of negligence on the part of a person referred to in the application, by the employer of that person or a public body. | ||
(6) A person who makes an application under this Act and who gives false evidence to the Board or the Review Committee in such circumstances that, if the person had given the evidence before a court, the person would be guilty of perjury, the person shall be guilty of an offence and shall be liable on conviction on indictment to the penalties applying to perjury. | ||
(7) A determination referred to in subsection (3), shall not include a determination concerning the Statutes of Limitations or an inter-locutory matter. |