Can I get in trouble for shouting at a government official who is investigating my workplace?
Quick Summary
It is possible you could face legal penalties. Under federal law, it is an offence to insult or interfere with officials performing duties for human rights agencies.
The situation
I am currently living in Victoria and I am facing a really stressful situation at my job. Last Tuesday, the 14th of May, two different representatives from a federal human rights agency showed up at my office during our lunch break. They were there to conduct an official investigation into claims of gender-based discrimination and unfair treatment regarding how our manager handles promotions. While they were sitting in the staff breakroom trying to interview a colleague, I became incredibly upset and loud. I started shouting at them, telling them they were interfering with our daily labour and that they shouldn't be allowed to disrupt our programme of work. I didn't physically touch anyone, but I was definitely being very rude and making it quite difficult for them to carry out their interviews. I have already tried calling my union representative to see if I have done anything wrong, but they haven't called me back yet. I am worried because one of the officials looked very annoyed and mentioned that my behaviour might have consequences. I am unsure if my outburst and the way I tried to stop them from doing their jobs could actually result in a fine or some kind of legal penalty against me personally.
Detailed Analysis
Based on the facts you provided, your actions on 14 May may fall under the Sex Discrimination Act 1984. Because the representatives were from a federal human rights agency investigating gender-based discrimination, they were likely exercising powers under that Act.
Section 95 of the Sex Discrimination Act 1984 states that "A person shall not insult, hinder, obstruct, molest or interfere with a person exercising a power or performing a function under this Act"[1]. This means that if you shout at officials while they are conducting their investigation, you could be held liable for insulting or interfering with their official duties. The law specifies a "Penalty: 10 penalty units"[1] for this conduct. A penalty unit is a standard unit of measurement used to calculate fines in Australia.
Additionally, if the officials were acting under the Racial Discrimination Act 1975, a similar rule applies. That Act states "A person shall not hinder, obstruct, molest or interfere with a person exercising or performing any of the powers or functions referred to in this Act"[2]. This carries a penalty of 10 penalty units[2].
It is currently uncertain whether your specific shouting and claims about "interfering with daily labour" meet the legal threshold for "insulting" or "interfering" in a way that triggers these penalties. The outcome depends on how the officials and the court interpret your volume, your words, and whether your actions actually prevented them from completing their interviews.
Statutory Citations
Legal Citation: Sex Discrimination Act 1984 § Section 95 — Obstruction etc.
"A person shall not insult, hinder, obstruct, molest or interfere with a person exercising a power or performing a function under this Act."View Official Legislation →
Legal Citation: Racial Discrimination Act 1975 § Section 27 — Offences relating to administration of Act
"A person shall not hinder, obstruct, molest or interfere with a person exercising or performing any of the powers or functions referred to in this Act."View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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