Commonwealth Numbered Acts

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION ACT 1986 No. 125 of 1986 - SECT 26

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 sub-section (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.