14Form of examinations or inquiries to be at discretion of Commission etc.

#### 14 Form of examinations or inquiries to be at discretion of Commission etc. (1) For the purpose of the performance of its functions, the Commission may make an examination or hold an inquiry in such manner as it thinks fit and, in informing itself in the course of an examination or inquiry, is not bound by the rules of evidence. (2) Where the Commission considers that the preservation of the anonymity of a person: (a) who has made a complaint to the Commission; or (b) who: (i) has furnished or proposes to furnish information; or (ii) has produced or proposes to produce a document; or (iii) has given or proposes to give evidence; or (iv) has made or proposes to make a submission; to the Commission or to a person acting for or on behalf of the Commission; is necessary to protect the security of employment, the privacy or any human right of the person, the Commission may give directions prohibiting the disclosure of the identity of the person. (3) The Commission may direct that: (a) any evidence given before the Commission or any information given to the Commission; or (b) the contents of any document produced to the Commission; shall not be published, or shall not be published except in such manner, and to such persons, as the Commission specifies. (4) Where the Commission has given a direction under subsection (3) in relation to the publication of any evidence or information or of the contents of a document, the direction does not prevent a person from communicating to another person a matter contained in the evidence, information or document if the first‑mentioned person has knowledge of the matter otherwise than by reason of the evidence or information having been given or the document having been produced to the Commission. (5) In deciding whether or not to give a direction under subsection (3), the Commission shall have regard to the need to prevent such of the following as are relevant to the circumstances: (a) prejudice to the security, defence or international relations of Australia; (b) prejudice to relations between the Commonwealth Government and the Government of a State or between the Government of a State and the Government of another State; (c) the disclosure of deliberations or decisions of the Cabinet, or of a Committee of the Cabinet, of the Commonwealth or of a State; (d) the disclosure of deliberations or advice of the Federal Executive Council or the Executive Council of a State; (e) the disclosure, or the ascertaining by a person, of the existence or identity of a confidential source of information in relation to the enforcement of the criminal law; (f) the endangering of the life or physical safety of any person; (g) prejudice to the proper enforcement of the law or the protection of public safety; (h) the disclosure of information the disclosure of which is prohibited, absolutely or subject to qualifications, by or under another enactment; (j) the unreasonable disclosure of the personal affairs of any person; (k) the unreasonable disclosure of confidential commercial information. (6) In having regard to the matters mentioned in paragraphs (5)(a) to (k), inclusive, the Commission shall try to achieve an appropriate balance between the need to have regard to those matters and the desirability of ensuring that interested persons are sufficiently informed of the results of the Commission’s examination or inquiry. (7) A person shall not contravene a direction given by the Commission under subsection (2) or (3) that is applicable to the person. Penalty: 10 penalty units. (7A) Subsection (7) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (8) In subsection (1), function does not include a function conferred on the Commission by the Sex Discrimination Act 1984, the Disability Discrimination Act 1992, or the Age Discrimination Act 2004.