HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION ACT 1986 No. 125 of 1986 - SECT 14 Form of examinations or inquiries to be at discretion of Commission, &c.

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION ACT 1986 No. 125 of 1986 - SECT 14

14. (1) For the purpose of the performance of its functions, the Commission
may make an examination or hold an inquiry in such manner as it thinks fit
and, in informing itself in the course of an examination or inquiry, is not
bound by the rules of evidence.

(2) Where the Commission considers that the preservation of the anonymity of a
person-

   (a)  who has made a complaint to the Commission; or

   (b)  who-

        (i)    has furnished or proposes to furnish information;

        (ii)   has produced or proposes to produce a document;

        (iii)  has given or proposes to give evidence; or

        (iv)   has made or proposes to make a submission,
to the Commission or to a person acting on behalf of the Commission, is
necessary to protect the security of employment, the privacy or any human
right of the person, the Commission may give directions prohibiting the
disclosure of the identity of the person.

(3) The Commission may direct that-

   (a)  any evidence given before the Commission or any information given to
        the Commission; or

   (b)  the contents of any document produced to the Commission, shall not be
        published, or shall not be published except in such manner, and to
        such persons, as the Commission specifies.

(4) Where the Commission has given a direction under sub-section (3) in
relation to the publication of any evidence or information or of the contents
of a document, the direction does not prevent a person from communicating to
another person a matter contained in the evidence, information or document if
the first-mentioned person has knowledge of the matter otherwise than by
reason of the evidence or information having been given or the document having
been produced to the Commission.

(5) In deciding whether or not to give a direction under sub-section (3), the
Commission shall have regard to the need to prevent such of the following as
are relevant to the circumstances:

   (a)  prejudice to the security, defence or international relations of
        Australia;

   (b)  prejudice to relations between the Commonwealth Government and the
        Government of a State or between the Government of a State and the
        Government of another State;

   (c)  the disclosure of deliberations or decisions of the Cabinet, or of a
        Committee of the Cabinet, of the Commonwealth or of a State;

   (d)  the disclosure of deliberations or advice of the Federal Executive
        Council or the Executive Council of a State;

   (e)  the disclosure, or the ascertaining by a person, of the existence or
        identity of a confidential source of information in relation to the
        enforcement of the criminal law;

   (f)  the endangering of the life or physical safety of any person;

   (g)  prejudice to the proper enforcement of the law or the protection of
        public safety;

   (h)  the disclosure of information the disclosure of which is prohibited,
        absolutely or subject to qualifications, by or under another
        enactment;

   (j)  the unreasonable disclosure of the personal affairs of any person;

   (k)  the unreasonable disclosure of confidential commercial information.

(6) In having regard to the matters mentioned in paragraphs (5) (a) to (k),
inclusive, the Commission shall try to achieve an appropriate balance between
the need to have regard to those matters and the desirability of ensuring that
interested persons are sufficiently informed of the results of the
Commission's examination or inquiry.

(7) A person shall not contravene a direction given by the Commission under
sub-section (2) or (3) that is applicable to the person.
Penalty:

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

   (b)  in the case of a body corporate - $5,000.
(8) In sub-section (1), "function" does not include a function conferred on
the Commission by the Sex Discrimination Act 1984.