Particulars of certain complaints not to be communicated
165 Particulars of certain complaints not to be communicated
Subject to subsection (2), where a complaint alleging that a person has done an act that is unlawful under Division 4 of Part II is lodged with the Commissioner under section 83, a person shall not make a record of, or divulge or communicate to any other person, any particulars of that complaint until the Commissioner has commenced to investigate the complaint.
Penalty:
in the case of a natural person — $1 000; or
in the case of a body corporate — $5 000.
Nothing in subsection (1) prohibits —
the Commissioner, a member of the Tribunal, a member of the staff assisting the Commissioner or a person acting under the direction or authority of the Tribunal or of the Commissioner or pursuant to a delegation under section 94 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 the State Administrative Tribunal Act 2004 or in the performance or exercise of a function or power under this Act or that Act; 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
an authority or person to whom particulars of a complaint may be divulged or communicated under paragraph (b), (c) or (d) from making a record of those particulars.
[Section 165 amended: No. 40 of 1988 s. 32; No. 55 of 2004 s. 329.]
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