Part 7 Miscellaneous
Section 127
(2) A person who is, or has at any time been, the Commissioner, a
member of the Commission or a member of the staff assisting the
Commission or is, or has at any time been, authorised to perform or
exercise any function or power of the Commission or the
Commissioner or any function or power on behalf of the
Commission or the Commissioner, being a function or power
conferred on the Commission or on the Commissioner under this
Act, must not be required:
(a) to divulge or communicate to a court any information
relating to the affairs of another person acquired by the
first-mentioned person because of that person’s office or
employment under or for the purposes of this Act or because
of that person being or having been so authorised; or
(b) to produce in a court a document relating to the affairs of
another person of which the first-mentioned person has
custody, or to which that person has access, because of that
person’s office or employment under or for the purposes of
this Act or because of that person being or having been so
authorised;
except where it is necessary to do so for the purposes of this Act.
(3) This section does not prohibit a person from:
(a) making a record of information that is required or permitted
by an Act to be recorded, if the record is made for the
purposes of or under that Act; or
(b) divulging or communicating information, or producing a
document, to any person in accordance with an arrangement
in force under section 16 of the Australian Human Rights
Commission Act 1986; or
(c) divulging or communicating information, or producing a
document that is required or permitted by an Act to be
divulged, communicated or produced as the case may be, if
the information is divulged or communicated, or the
document is produced, for the purposes of or under that Act.
Note:
A defendant bears an evidential burden in relation to a matter in
subsection (3) (see subsection 13.3(3) of the Criminal Code).
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Disability Discrimination Act 1992
Compilation No. 33
Compilation date: 12/4/18
Authorised Version C2018C00125 registered 19/04/2018
Registered: 19/4/18