39Investigative powers of Tribunal

39 Investigative powers of Tribunal (1) The Tribunal may, if it determines that it requires further information to enable it to determine an application— (a) authorise a person to make any enquiry or carry out any investigation on behalf of the Tribunal necessary to furnish the Tribunal with the further information that it requires; or (b) order the preparation and submission to the Tribunal of a medical report or counselling report; or (c) order the applicant to lodge with the Tribunal, within the period specified in the order, an additional statement containing particulars of matters specified in the order or any documents specified in the order. (2) A person authorised under subsection (1)(a) may be— (a) a member of staff referred to in section 23; or (b) a legal practitioner engaged by the Tribunal to assist it with respect to an application; or (c) if the State has appeared on the hearing of a matter, a person authorised to appear before the Tribunal on behalf of the State. (3) Without limiting subsection (1), the Tribunal may authorise a person under subsection (1)(a) to exercise any power conferred on a registrar by section 40. (4) If, in connection with the preparation of a medical report or counselling report ordered to be prepared under subsection (1)(b), an applicant refuses or fails without reasonable excuse to comply with a request to submit to an examination by a medical expert or to receive counselling services, the Tribunal may under section 41 adjourn consideration of the application until the examination or counselling takes place or refuse the application. (5) The Tribunal must bear the costs of, and incidental to, an examination or provision of counselling services referred to in subsection (4). (6) The Tribunal may exercise its power under subsection (1)(b) whether or not a medical or counselling report has been submitted to it by the applicant or any other party. (7) If an applicant refuses or fails without reasonable excuse to comply with an order under subsection (1)(c), the Tribunal may under section 41 adjourn consideration of the application until the order is complied with or refuse the application. S. 40 (Heading) amended by No. 35/2020 s. 8(1).