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SEX DISCRIMINATION ACT 1984 - SECT 92

Particulars of complaints not to be communicated

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                   (ab)  the complaint is withdrawn under section 46PG of the Australian Human Rights Commission Act 1986 ; or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



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