Sex Discrimination Act 1984

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:

the President has commenced to inquire into the act; or

the complaint is withdrawn under section 46PG of the Australian Human Rights Commission Act 1986; or

the President terminates the complaint under section 46PE or 46PH of the Australian Human Rights Commission Act 1986.

Subsection (1) is an offence of strict liability.

For strict liability, see section 6.1 of the Criminal Code.

Nothing in subsection (1) prohibits:

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

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

a person from divulging or communicating any particulars of a complaint to:

the complainant or a person on whose behalf the complaint was made; or

the person alleged to have done the act to which the complaint relates; or

the legal representative of a person referred to in subparagraph (i) or (ii); or

the employer or principal of the person referred to in subparagraph (i) or (ii); or

a person who has made a complaint in respect of a particular matter from divulging or communicating any particulars of the complaint to:

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

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

a near relative of the complainant; or

a person from whom the complainant is seeking or receiving professional treatment, counselling or advice; or

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:

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

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

a near relative of the relevant person; or

a person from whom the relevant person is seeking or receiving professional treatment, counselling or advice; or

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.