VIC Confidentiality and crime

[Erin Valentine]

I have a deed of release with my former employer settled prior to the hearing at the human rights commsion, under sex and disability discrimination.
The deed includes an extensive confidentiality clause.
Details regarding the events leading up to the deed, surrounding the deed, contained in the deed, and even the existence of the deed are bound by confidentiality.. perpetually.

What if what can’t be known is preditory abuse and sexual assault.
Is it legal for something illegal to be concealed.
If there is reason to believe a criminal act has occurred is it lawful to enforce the suppression of that if that is a potential risk of harm to others and their safety.
Is it lawful to leave others in that position without the knowledge of what’s around them?

Can I question the validity of the deed itself?

 

[Tim W]

You can be pretty confident that
no court will uphold a confidentiality clause
that has the effect of concealing a serious offence.

That's because concealing an offence can also be an offence in itself,
and you can't make a valid agreement to do something unlawful.

 

[Erin Valentine]

Thank you for that. Would you be able to let me know...When does it become an offence? If it has occurred? If it has been reported? If the person has been charged? Or does it only become an offence if the person has been found guilty of committing it?

 

[Tim W]

Too many riddles there, but let me take a stab at answering.

An act (or omission) that is an offence
is an offence from the moment it is committed.

 

[Erin Valentine]

Thank you. That’s exactly what I needed to know. I appreciate your time and advice.