Suppression orders
1. Grounds for a suppression order
Pursuant to s 14(2) of the Australian Human Rights Commission Act 1986 (Cth) (“AHRC Act”), the Commission may give directions prohibiting the disclosure of the identity of any person (“a suppression order”) who has:
(a) made a complaint to the Commission under ss 20(1)(b) or 32(1)(b) of the AHRC Act;
(b) furnished or proposes to furnish information to the Commission in connection with such a complaint;
(c) produced or proposes to produce a document to the Commission in connection with such a complaint;
(d) given or proposes to give evidence to the Commission in connection with such a complaint; and/or
(e) made or proposes to make a submission to the Commission in connection with such a complaint
where the Commission is of the opinion that the preservation of the anonymity of that person is necessary to protect:
(a) the security of her/his employment;
(b) her/his privacy; and/or
(c) her/his human rights.
It is an offence to contravene a direction given by the Commission under s 14(2) that is applicable to a person: s 14(7) of the AHRC Act. This is a strict liability offence: s 14(7A) of the AHRC Act.
2. When can an application for a suppression order be made?
An application for a suppression order can be made by a person at any time after a complaint has been lodged with the Commission. For example:
(a) a person who has supplied documents to the Commission in connection with a complaint may seek a suppression order prior to the preliminary findings being issued by the President (or Delegate); or
(b) a person who has made a complaint to the Commission may seek a suppression order prior to the President's (or Delegate's) Report of the inquiry being sent to the Attorney-General for tabling in Parliament. This may be important at this stage as, once tabled, this Report is a public document.
3. Commission Guidelines for Suppression Orders
The Commission has developed Guidelines to assist it determine applications for suppression orders. These Guidelines outline how to make an application for a suppression order and the procedure to be adopted by the Commission if such an application is made:
