The first step involved with the investigation of a complaint is to give the respondent an opportunity to respond to the complaint.
If you as the respondent chooses not to take this opportunity by not responding, the Commissioner will ask you questions based on the complaint. The questions will always be in writing because this gives you an opportunity to consider them carefully and be as accurate as you can in your answers.
If you do not answer the questions, the Commissioner may require you to do so, using section 97 of the Anti-Discrimination Act 1998.
Section 97 of the Act says:
Information and documents
97.
(1) The Tribunal, Commissioner or an authorised person may require any person to provide specified documents that the Tribunal, Commissioner or authorised person believes may be relevant to the complaint.
(2) A requirement is to be -
(a) in writing; and
(b) served on the relevant person.(3) The Tribunal, Commissioner or authorised person may take and retain possession, or take copies, or any document produced under subsection (1).
(4) A person, without reasonable excuse must not fail to provide any information or produce any document required under subsection (1).
(5) If a person fails to provide any information or produce any document required under subsection (1), the Commissioner is to submit a report on the matter to the Tribunal.
Penalty: Fine not exceeding 10 penalty units.
(6) A person who produces any document under this section is to be given reasonable access to that document.
(7) After considering the report, the Tribunal may make an order requiring a person to provide the specified information or produce the specified documents.
(8) An order made under subsection (7) may be filed in the Supreme Court and is enforceable as if it were an order of the Supreme Court.
Penalty: Fine not exceeding 10 penalty units.
This means that the Commissioner has the power to require a respondent, or a complainant, or a witness or some other person having relevant information or documents to be provided. It also means that if the person refuses to do so 'without reasonable excuse' the person can be fined.
A 'Section 97 Notice' is issued under section 97 of the Anti-Discrimination Act.
If this happens, you will receive a letter from the Commissioner asking for 'specified information' or 'specified documents' (or both) under section 97. The Commissioner's letter will enclose a copy of section 97 from the Act.
This means that you are obliged by law to answer the Commissioner's questions or provide relevant documents, unless you have a reasonable excuse for not doing so.
