44.A person to whom such notice is addressed shall provide the Board and the applicant with the document specified in the notice if it is in the possession, custody or control of that person. The Board will notify the applicant in writing if the document in question is not provided by the person concerned.
Onus on applicant
45.It is for the applicant to satisfy the Board that he or she is entitled to redress under the provisions of the Act. The more information which the applicant gives to the Board in support of his or her application the more speedily the Board will be able to determine the application.
Service of application and other documents
46.An application for redress and all other documents to be considered by the Board must be served on the Board -
by registered pre-paid post addressed to the Board’s office, or
by delivery to the Board’s office.
Service of the application form by post may be proved by production of a certificate of posting; service by delivery to the Board’s office may be proved by an entry in the Board’s records.
47.An applicant must include in the application form the full address for service of any documents from the Board. Where an applicant is represented by a solicitor, the address for service will be the business address of the solicitor, as stated in the application form.
Confidentiality of proceedings by the Board
The Board will deal with all applications and all matters relating thereto in the strictest confidence. It is a criminal offence for any person, including an applicant or the Board, to disclose information provided to the Board, with three exceptions:
(i)The Board is required to provide the Department of Education and Science with brief details of each application to enable the Department to exercise its legal powers in connection with the Act.
(ii)Any person may disclose information
to a member of the Garda Siochana if the person disclosing the information is acting in good faith and reasonably believes that such disclosure is necessary in order to prevent an act or omission constituting a serious offence, or
to an appropriate person if the person disclosing the information is acting in good faith and reasonably believes that such disclosure is necessary to prevent, reduce or remove a substantial risk to the life or to prevent the continuance of abuse of a child.
(iii)A person, including the applicant or the Board, may disclose a document or other information used in connection with an application to the Board to any body conducting a hearing, inquiry or investigation under statutory powers, or to any other body as may be prescribed by order made by the Minister.
Please note that exceptions (i) and (ii) were made by the 2002 Act and are now referred to for the sake of completeness; exception (iii) is a new exception provided by the 2005 Act which is intended in particular to allow a complaint to the Law Society against a solicitor by an applicant for redress to be more fully investigated.