Part 2: The Independent Commission for Reconciliation and Information Recovery (ICRIR) Immunity from prosecution Section 21: Determining a request for immunity
This section applies where a person makes a request for immunity from prosecution under section 19, and makes provision relating to the determination of that request.
	Subsection(2) requires the ICRIR to take reasonable steps to obtain information which the Commissioner for Investigations knows or believes is relevant to the question of the truth of P’s account.
	Under subsection (3) the panel, when forming a view on the truth of the applicant’s account, have to take into account previous information given by the individual, and any other relevant information the ICRIR has received. Subsection (3) places a duty on the panel to take into account all relevant information when forming a view on the truth of the account of the person requesting immunity. This includes information obtained pursuant to the duty under subsection (2), as well as information already in the possession of the ICRIR. The latter includes information obtained by the ICRIR through a review, and information obtained through another type of investigation previously carried out by any other person (see subsection (4)).
	Subsection (5) clarifies that the immunity requests panel is not prevented from forming a view on the truth of the applicant’s account in cases where the ICRIR could have initiated a review under section 12 in relation to the applicant’s request but decided not to do so.
	Subsection (6) places a duty on the Chief Commissioner to issue guidance about when Conditions B and C set out in subsections 19(3) to (5) are met. Under subsection (7) this may include guidance about ascertaining whether an account of a person’s conduct is true to the best of that person’s knowledge and belief (in relation to Condition B), whether conduct is possible criminal conduct, and whether information is an account of possible criminal conduct (relevant to Condition C).
	Subsection (8) creates a similar duty on the Chief Commissioner to issue guidance about how a grant of immunity from prosecution should be formulated (decisions made by the immunity requests panel under section 19(7)).
	Subsection (9) provides that the immunity requests panel must take account of guidance issued by the Chief Commissioner under subsection (6) or (8) when exercising functions to which that guidance relates.