92Particulars of complaints not to be communicated

#### 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particulars of that complaint until: (a) the President has commenced to inquire into the act; or (ab) the complaint is withdrawn under section 46PG of the Australian Human Rights Commission Act 1986; or (b) the President terminates the complaint under section 46PE or 46PH of the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.