Providing information or documents (s97)

If the Commissioner forms the view that a party or another person or organisation has information or documents relevant to the situation being investigated, the Commissioner may require the person to provide the information or documents using section 97 of the Anti-Discrimination Act 1998.

If the person refuses to do so 'without reasonable excuse' the person can be fined.

Section 97 of the Act says:

Information and documents


(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, What is a section 97 Notice?

A 'Section 97 Notice' is issued under section 97 of the 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.