High Court rules on information

Press, 3 October 1983, Page 5

High Court rules on information

PA Wellington The Labour Department is not obliged to disclose information to enable the Human Rights Commission to investigate complaints of discrimination, the High Court has ruled.

But in a declaratory judgment, Mr Justice Eichelbaum said that the blanket non-disclosure provisions in the Labour Department Act were antediluvian and the result was regrettable. “The reasons given by the department why such information should remain confidential, while understandably are in no way different from those that could be advanced by any private employment agency,

and there is no suggestion that the latter would be privileged from the commission’s inquiries. “I think there is cogency in the submission that in the interests of furthering the purposes of the human rights legislation, the country’s largest employment agency should be subject to the same rules,” His Honour said.

The declaratory judgment had been sought by the Human Rights Commission after it was denied information while attempting to investigate a complaint of sexual discrimination.

The complaint came after an interview under the de-

partment’s job self-service scheme.

During the interview a Labour Department officer rang another department to say that he would send the complainant for an interview about a job as a courier.

According to the complainant the person at the other end of the telephone replied, “Don’t send any females.” The commission wanted to question the Labour Department officer and take the matter up with the second department. The Labour Department said it could not disclose the information wanted.