95Determination of claim

95 Determination of claim

(1) On an application under section 94, the Supreme Court must determine whether or not the information required in answer to a question asked at the hearing or otherwise required to be provided or the document or other thing in the sealed envelope or secured otherwise than in an envelope is the subject of privilege.

(2) If the application is in respect of a document or other thing, for the purposes of making a determination under subsection (1), the Judge constituting the Supreme Court and any other person authorised by the Court may—

(a) open the sealed envelope or access the document or other thing secured otherwise than in an envelope; and

(b) inspect the document or thing.

(3) If the Court determines that the document or other thing is the subject of privilege—

(a) the Court must order that the document or thing be returned to the claimant; and

(b) the proper officer must return the document or thing to the claimant.

(4) If the Court determines that the document or other thing is not the subject of privilege—

(a) the Court must order that the document or thing be given to the investigating panel; and

(b) the proper officer must release the document or thing accordingly.

(5) If the Court determines that the information which is an answer to a question or otherwise required to be provided is the subject of privilege, the Court must order that the claimant is not required to provide the information to the investigating panel in answer to the question or is not otherwise required to provide that information, as the case requires.

(6) If the Court determines that the information which is an answer to a question or otherwise required to be provided is not the subject of privilege, the Court must order that the claimant provide the information to the investigating panel in answer to the question or otherwise provide that information in accordance with the requirement of the investigating panel, as the case requires.