Commonwealth Consolidated Acts

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION ACT 1986 - SECT 26

             (1)  A person shall not hinder, obstruct, molest or interfere with:

                     (a)  a member participating in an inquiry or examination under this Act; or

                     (b)  a person acting on behalf of the Commission, while that person is holding an inquiry or carrying out an investigation under this Act.

Penalty: 

                     (a)  in the case of a natural person—$1,000; or

                     (b)  in the case of a body corporate—$5,000.

             (2)  A person who:

                     (a)  refuses to employ another person;

                     (b)  dismisses, or threatens to dismiss, another person from the other person’s employment;

                     (c)  prejudices, or threatens to prejudice, another person in the other person’s employment; or

                     (d)  intimidates or coerces, imposes any pecuniary or other penalty upon, or takes any other disciplinary action in relation to, another person;

by reason that the other person:

                     (e)  has made, or proposes to make, a complaint to the Commission;

                      (f)  has alleged, or proposes to allege, that a person has done an act or engaged in a practice that is inconsistent with or contrary to any human right;

                     (g)  has furnished, or proposes to furnish, any information or documents to the Commission or to a person acting on behalf of the Commission; or

                     (h)  has given or proposes to give evidence before the Commission or to a person acting on behalf of the Commission;

is guilty of an offence punishable upon conviction:

                      (j)  in the case of a natural person—by a fine not exceeding $2,500 or imprisonment for a period not exceeding 3 months, or both; or

                     (k)  in the case of a body corporate—by a fine not exceeding $10,000.

             (3)  It is a defence to a prosecution for an offence under subsection (2) constituted by subjecting, or threatening to subject, a person to a detriment specified in paragraph (2)(a), (b), (c) or (d) on the ground that the person has alleged that another person has done an act or engaged in a practice that is inconsistent with or contrary to any human right if it is proved that the allegation was false and was not made in good faith.

Note:          Sections 136.1, 137.1 and 137.2 of the Criminal Code deal with making false or misleading statements, giving false or misleading information and producing false or misleading documents.