99Application to Court

99 Application to Court

(1) Where a person—

S. 99(1)(a) amended by No. 25/2013 s. 7.

(a) is unable to obtain information to which section 94(1)(b), 95(1)(b), 97(2)(b) or 98(1)(b) applies because a person whose agreement in writing is required refuses to agree in writing, has not agreed in writing or has not been found; or

(b) being a person entitled to make application under a preceding section of this Division desires to obtain information which the person is not entitled to obtain under any other provision of this Part—

the first-mentioned person may make application to the County Court for an order permitting the applicant to obtain that information.

(2) An application under subsection (1) shall be accompanied by a report from an approved counsellor.

(3) Where an application is made under subsection (1), the County Court, if it is satisfied—

(a) where the application is made because a person has not agreed in writing, and has not refused to agree in writing, to the giving of the information—that the relevant authority has taken reasonable steps to obtain that agreement;

(b) where the application is made because a person has refused to agree in writing to the giving of the information—that it is in the best interests of the applicant that the information be given;

(c) where the application relates to information which the applicant is not entitled to obtain under any other provision of this Part—that it is in the best interests of the applicant that the information be given, notwithstanding that the information relates to the personal affairs of another person or that another person may be identified from the information; and

(d) after consideration of the report of the approved counsellor, that special circumstances exist which make it desirable so to do—

may make an order directing—

(e) a relevant authority to give such information as is specified in the order to the applicant; or

S. 99(3)(f) amended by No. 46/1998

(f) a body or person to give such information as is specified in the order to the Secretary for transmission to the applicant or, where the order so states and the agency, body or person agrees, to the applicant.

(4) The County Court shall not make an order under subsection (3) relating to information to the giving of which a person has not agreed in writing, or has refused to agree in writing, unless the County Court has given that person an opportunity to be heard in circumstances in which the identity of the person is not disclosed to the applicant.