Suppression orders
1. Grounds for a suppression order
Pursuant to s 14(2) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth) (“HREOC 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 HREOC 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 HREOC Act. This is a strict liability offence: s 14(7A) of the HREOC 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:
