EQUAL OPPORTUNITY ACT 1984 - SECT 94
EQUAL OPPORTUNITY ACT 1984 - SECT 94
94—Investigation of complaints or matters referred to Commissioner
(1) On a complaint
being lodged or a matter being referred, the Commissioner may conduct an
investigation into the alleged contravention.
(2) An investigation
by the Commissioner into an alleged contravention of this Act is to be
conducted—
(a) in
the case of an investigation on a complaint—for the purpose of enabling
the Commissioner to determine whether the complaint is one on which action
should be taken by the Commissioner and, if so, enabling resolution of the
matter by conciliation or enabling referral of the matter to the Tribunal; and
(b) in
the case of a matter referred to the Commissioner for investigation—for
the purpose of enabling the Commissioner to determine whether the matter
should be referred to the Tribunal and, if so, enabling that referral.
(2a) For the purposes
of an investigation, the Commissioner may, by notice in writing, require a
person whom the Commissioner reasonably believes may have in his or her
possession or control books, papers or other documents relevant to the subject
matter of the investigation, to produce to the Commissioner such of those
books, papers or other documents as may be specified in the notice.
(2b) The Commissioner
cannot, without the consent of the person concerned, require production
of—
(a)
records of counselling or therapy sessions undergone by the person; or
(b)
records or notes made by an advocate for the person in relation to the subject
matter of the alleged contravention of the Act.
(3) Subject to
subsection (4), a person to whom a notice is given under
subsection (2a) must not refuse or fail to comply with the notice.
Maximum penalty: $2 500.
(4) A person is not
obliged to produce books, papers or documents under this section if—
(a)
their contents would tend to incriminate the person of an offence; or
(b) by
producing them the person would commit a breach of legal professional
privilege.
(5) The Commissioner
may retain books, papers or documents produced under this section only for so
long as is reasonably necessary to peruse their contents and take copies of
them.
(6) Nothing in this
section empowers the Commissioner to require that a book, paper or document
that is required for the day to day operation of a business be produced at a
place other than the premises from which the business is operated.
(7) This section does
not empower the Commissioner to require the production of books, papers or
documents relating to—
(a)
parliamentary proceedings; or
(b) the
exercise, or purported exercise, of judicial powers or functions, or the
discharge, or purported discharge, of judicial duties, by a judicial officer
in court or in chambers.