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Human Rights Commission Act 2005
74Requiring attendance etc
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74 Requiring attendance etc
(1) If the commission believes, on reasonable grounds, that someone can
provide information relevant to a consideration in relation to a
complaint, the commission may, by written notice given to the
person, require the person to attend before a named person
(an interviewer), at the reasonable time and place stated in the notice,
to answer questions relevant to the consideration.
Note For how documents may be served, see the Legislation Act, pt 19.5.
(2) A person who attends before an interviewer under a notice under
subsection (1) must continue to attend as reasonably required by the
interviewer to answer questions relevant to the consideration.
(3) A person commits an offence if—
(c) the person does not attend before the interviewer as required.
(4) Subsection (3) does not apply—
(b) if the person has a reasonable excuse for not attending before the
interviewer as required.
(5) A person commits an offence if—
(c) the person attends before the interviewer as required; and
(d) the person fails to continue to attend as reasonably required by
the interviewer to answer questions relevant to the
(6) Subsection (5) does not apply—
(b) if the person has a reasonable excuse for failing to continue to
attend as required by the interviewer.
(7) A person commits an offence if—
(b) the person attends before the interviewer as required; and
(c) the interviewer requires the person to answer a question; and
(d) the person fails to answer the question.
Note 1 See s 75 for when a person required by a notice under s (1) to attend
before an interviewer to answer questions cannot rely on the common law
privileges against self-incrimination and exposure to the imposition of a
civil penalty.
Note 2 Giving false information is an offence against the Criminal Code, s 338.
(8) Subsection (7) does not apply—
(b) if the person has a reasonable excuse for failing to answer the
question.