[HRA 47]
LAWS OF FIJI
s 47
information acquired by the Commissioner or the employee in the performance of his or
her duties for purposes connected with the performance of the functions of the
Commission under this Act.
(3) Subsection (1) does not prevent the Commission from disclosing in a report made
under this Act any matter which in the Commission’s opinion ought to be disclosed in the
course of setting out the grounds for the conclusions and recommendations contained in
the report.
(4) Subsection (1) does not prevent the Commission from disclosing information or
making a statement to the public or a section of the public with respect to the performance
of the functions of the Commission.
(5) The Commission must not, in disclosing information or making a statement under
subsection (4), disclose the name of a complainant or aggrieved person or any other
information that would enable the complainant or aggrieved person to be identified unless
it is fair and reasonable in all the circumstances to do so.
[HRA 48]
Protection from suit
48 Neither the Commission, a Commissioner nor an employee of the Commission is
liable to an action, suit or proceeding for or in relation to an act done or omitted to be done
in good faith in exercise or purported exercise of a power or authority conferred by this
Act.
[HRA 49]
Offences
49 (1) A person who refuses or fails, without reasonable excuse—
(a) to attend before the Commission or a Commissioner;
(b) to be sworn or make an affirmation;
(c) to furnish information;
(d) to produce a document, record or thing; or
(e) to answer a question,
when required to do so pursuant to this Act, commits an offence and is liable on
conviction to a fine of $5,000 and to imprisonment for 12 months.
(2) A person who—
(a) without reasonable excuse, wilfully obstructs, hinders or resists the Commission,
a Commissioner or an employee of the Commission in the performance of their
functions; or
(b) furnishes information or makes a statement to the Commission, a Commissioner
or an employee of the Commission knowing that it is false or misleading in a
material manner,
commits an offence and is liable on conviction to a fine of $5,000 and to imprisonment for
12 months.
[HRA 50]
Expenses and allowances
50 The Commission may, in its discretion, pay to—
(a) any person by whom a complaint has been made; or
(b) any person who attends or who furnishes information for the purposes of an
investigation,
such amounts in respect of expenses properly incurred or by way of allowances or
compensation for loss of time, as are payable under the Criminal Procedure Act 2009 to
a witness attending at a trial or an inquiry at the High Court.
[s 50 am Act 31 of 2016 s 99, opn 1 Dec 2016]
Service 0
11,002
Job: specialist/lof/allvols/serv_0/cap3a_399501
Page: 26 Date: 21/11/2016 Time: 23:31:5
bwpageid:: 11002::
bwservice::0::