Commonwealth Numbered Acts

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986 No. 126 of 1986 - SECT 19

19. After section 27 of the Principal Act the following sections are inserted
in Part IV: Failure to attend conference

"27A. A person who has been given a direction under sub-section 24C (1) to
attend a conference shall not, without reasonable excuse-

   (a)  fail to attend as required by the direction; or

   (b)  fail to attend and report from day to day unless excused, or released
        from further attendance, by the person presiding at the conference.
Penalty:

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

   (b)  in the case of a body corporate - $5,000. Failure to furnish
        information, &c.

"27B. A person shall not, without reasonable excuse, refuse or fail-

   (a)  to furnish information; or

   (b)  to produce a document, when so required pursuant to section 24B, 24C
        or 24D. Penalty:

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

   (b)  in the case of a body corporate - $5,000. Offences in relation to
        Commission

"27C. (1) A person served, as prescribed, with a summons to appear before the
Commission as a witness shall not, without reasonable excuse-

   (a)  fail to attend as required by the summons; or

   (b)  fail to appear and report from day to day unless excused, or released
        from further attendance, by the Commission.

"(2) A person appearing before the Commission as a witness at an inquiry shall
not, without reasonable excuse-

   (a)  refuse or fail to be sworn or make an affirmation;

   (b)  refuse or fail to answer a question that is required by the member
        presiding at the inquiry to be answered; or

   (c)  refuse or fail to produce a document that was required to be produced
        by a summons under this Act served on that person as prescribed.

"(3) A person shall not-

   (a)  interrupt an inquiry or proceedings of the Commission;

   (b)  use insulting language towards a member of the Commission when the
        member is exercising any powers or performing any functions as a
        member;

   (c)  make a publication in contravention of any direction given under
        section 25J;

   (d)  create a disturbance or take part in creating or continuing a
        disturbance in or near a place where the Commission is meeting or
        holding an inquiry; or

   (e)  do any other act or thing that would, if the Commission were a court
        of record, constitute a contempt of that court.
Penalty:

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

   (b)  in the case of a body corporate - $5,000. Self-incrimination

"27D. (1) It is not a reasonable excuse for the purposes of section 27B for a
person to refuse or fail to furnish information or produce a document that the
furnishing of the information or the production of the document might
incriminate the person, but evidence of the furnishing of the information or
the production of the document is not admissible in evidence against the
person in any civil or criminal proceeding before a court, other than a
proceeding for an offence under section 27E.

"(2) Without limiting the generality of the expression 'reasonable excuse' in
section 27C, it is hereby declared for the removal of doubt that it is a
reasonable excuse for the purposes of that section for a person to refuse or
fail to answer a question put to the person at an inquiry, or to refuse to
produce a document, that the answer to the question or the production of the
document might incriminate the person. False or misleading information

"27E. A person shall not furnish information or make a statement to the
Commission, to the Commissioner or to any other person exercising powers or
performing functions under this Act, knowing that the information or statement
is false or misleading in a material particular.
Penalty:

   (a)  in the case of a natural person - $2,500 or imprisonment for 3 months,
        or both; or

   (b)  in the case of a body corporate - $10,000. Non-disclosure of private
        information

"27F. (1) A person who is, or has at any time been, the Commissioner, a member
of the Commission or a member of the staff assisting the Commission or is, or
has at any time been, authorised to perform or exercise any function or power
of the Commission or the Commissioner or any function or power on behalf of
the Commission or the Commissioner, being a function or power conferred on the
Commission or on the Commissioner under this Act, shall not, either directly
or indirectly, except in the performance of a duty under or in connection with
this Act or in the performance or exercise of such a function or power-

   (a)  make a record of, or divulge or communicate to any person, any
        information relating to the affairs of another person acquired by the
        first-mentioned person by reason of that person's office or employment
        under or for the purpose of this Act or by reason of that person being
        or having been so authorised;

   (b)  make use of any such information as is mentioned in paragraph (a); or

   (c)  produce to any person a document relating to the affairs of another
        person furnished for the purposes of this Act.
Penalty: $5,000 or imprisonment for 1 year, or both.

"(2) A person who is, or has at any time been, the Commissioner, a member of
the Commission or a member of the staff assisting the Commission or is, or has
at any time been, authorised to perform or exercise any function or power of
the Commission or the Commissioner or any function or power on behalf of the
Commission or the Commissioner, being a function or power conferred on the
Commission or on the Commissioner under this Act, shall not be required-

   (a)  to divulge or communicate to a court any information relating to the
        affairs of another person acquired by the first-mentioned person by
        reason of that person's office or employment under or for the purposes
        of this Act or by reason of that person being or having been so
        authorised; or

   (b)  to produce in a court a document relating to the affairs of another
        person of which the first-mentioned person has custody, or to which
        that person has access, by reason of that person's office or
        employment under or for the purposes of this Act or by reason of that
        person being or having been so authorised, except where it is
        necessary to do so for the purposes of this Act.

"(3) Nothing in this section prohibits a person from-

   (a)  making a record of information that is, or is included in a class of
        information that is, required or permitted by an Act to be recorded,
        if the record is made for the purposes of or pursuant to that Act;

   (b)  divulging or communicating information, or producing a document, to
        any person in accordance with an arrangement in force under section 16
        of the Human Rights and Equal Opportunity Commission Act 1986; or

   (c)  divulging or communicating information, or producing a document, that
        is, or is included in a class of information that is or class of
        documents that are, required or permitted by an Act to be divulged,
        communicated or produced, as the case may be, if the information is
        divulged or communicated, or the document is produced, for the
        purposes of or pursuant to that Act.

"(4) Nothing in sub-section (2) prevents a person from being required, for the
purposes of or pursuant to an Act, to divulge or communicate information, or
to produce a document, that is, or is included in a class of information that
is or class of documents that are, required or permitted by that Act to be
divulged, communicated or produced.

"(5) In this section-
'court' includes any tribunal, authority or person having power to require the
production of documents or the answering of questions;
'produce' includes permit access to.".