SEX DISCRIMINATION ACT 1984 - SECT 92 Particulars of complaints not to be communicated

SEX DISCRIMINATION ACT 1984 - SECT 92

  (1)   Subject to subsection   (2), where a complaint alleging that a person has done an act that is unlawful under Division   3 of Part   II is lodged with the Commission under section   46P of the Australian Human Rights Commission Act 1986 , a person shall not make a record of, or divulge or communicate to any other person, any particulars of that complaint until:

  (a)   the President has commenced to inquire into the act; or

  (ab)   the complaint is withdrawn under section   46PG of the Australian Human Rights Commission Act 1986 ; or

  (b)   the President terminates the complaint under section   46PE or 46PH of the Australian Human Rights Commission Act 1986 .

Penalty:   10 penalty units.

  (1A)   Subsection   (1) is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (2)   Nothing in subsection   (1) prohibits:

  (a)   the President, a member of the Commission, a member of the staff assisting the Commission or a person acting under the direction or authority of the Commission or of the President or pursuant to a delegation under section   104 from making a record of, or divulging or communicating, any particulars of a complaint in the performance of a duty under or in connection with this Act or in the performance or exercise of a function or power under this Act; or

  (b)   a person from divulging or communicating any particulars of a complaint to any person in accordance with an arrangement in force under section   16 of the Australian Human Rights Commission Act 1986 ; or

  (c)   a person from divulging or communicating any particulars of a complaint to:

  (i)   the complainant or a person on whose behalf the complaint was made; or

  (ii)   the person alleged to have done the act to which the complaint relates; or

  (iii)   the legal representative of a person referred to in subparagraph   (i) or (ii); or

  (iv)   the employer or principal of the person referred to in subparagraph   (i) or (ii); or

  (d)   a person who has made a complaint in respect of a particular matter from divulging or communicating any particulars of the complaint to:

  (i)   a person to whom, or an officer of a body to which, the complainant is making a complaint or application in respect of the same matter; or

  (ii)   an officer of a tribunal in which the complainant is instituting proceedings, or to which the complainant is making an application, in respect of the same matter; or

  (iii)   a near relative of the complainant; or

  (iv)   a person from whom the complainant is seeking or receiving professional treatment, counselling or advice; or

  (e)   a person (in this paragraph referred to as the relevant person ) on whose behalf a complaint has been made in respect of a particular matter from divulging or communicating any particulars of the complaint to:

  (i)   a person to whom, or an officer of a body to which, the relevant person is making a complaint or application in respect of the same matter; or

  (ii)   an officer of a tribunal in which the relevant person is instituting proceedings, or to which the relevant person is making an application, in respect of the same matter; or

  (iii)   a near relative of the relevant person; or

  (iv)   a person from whom the relevant person is seeking or receiving professional treatment, counselling or advice; or

  (f)   a person to whom particulars of a complaint may be divulged or communicated under paragraph   (b), (c), (d) or (e) from making a record of those particulars.