JUDICIAL REVIEW ACT 1991 - SECT 37 Consequences of s 35 or 36 applying to information

JUDICIAL REVIEW ACT 1991 - SECT 37

37 Consequences of s 35 or 36 applying to information

(1) If a person has been requested under section 32 to give a statement to a person—

(a) the person to whom the request is made is not required to include in the statement any information in relation to which section 35 or 36 applies; and

(b) if the statement would be false or misleading if it did not include the information—the person is not required to give the statement.

(2) If, because of subsection (1) —

(a) information is not included in a statement given by a person; or

(b) a statement is not given by a person;

the person must give written notice relating to the request to the person who made the request.

(3) The notice must state—

(a) if subsection (1) (a) applies—

(i) that the information is not included; and

(ii) the reason for not including the information; and

(b) if subsection (1) (b) applies—

(i) that the statement will not be given; and

(ii) the reason for not giving the statement.

(4) The notice must be given—

(a) if subsection (1) (a) applies—at the time the statement is given; or

(b) if subsection (1) (b) applies—as soon as practicable and, in any event, within 28 days after receiving the request.

(5) Nothing in this section affects the power of the court—

(a) to make an order for the discovery of documents; or

(b) to require the giving of evidence or the production of documents to the court.