Division 1 - General definitions
6 - Interpretation6AA - Meaning of responsible person6A - Breach of an Australian Privacy Principle6B - Breach of a registered APP code6BA - Breach of the registered CR code6C - Organisations6D - Small business and small business operators6DA - What is the annual turnover of a business?6E - Small business operator treated as organisation6EA - Small business operators choosing to be treated as organisations6F - State instrumentalities etc. treated as organisations6FA - Meaning of health information6FB - Meaning of health serviceDivision 2 - Key definitions relating to credit reporting
Subdivision A - Credit provider
6G - Meaning of credit provider6H - Agents of credit providers6J - Securitisation arrangements etc.6K - Acquisition of the rights of a credit providerSubdivision B - Other definitions
6L - Meaning of access seeker6M - Meaning of credit and amount of credit6N - Meaning of credit information6P - Meaning of credit reporting business6Q - Meaning of default information6R - Meaning of information request6S - Meaning of new arrangement information6T - Meaning of payment information6U - Meaning of personal insolvency information6V - Meaning of repayment history informationDivision 3 - Other matters
7 - Acts and practices of agencies, organisations etc.7A - Acts of certain agencies treated as acts of organisation7B - Exempt acts and exempt practices of organisations7C - Political acts and practices are exempt8 - Acts and practices of, and disclosure of information to, staff of agency, organisation etc.10 - Agencies that are taken to hold a record11 - File number recipients12A - Act not to apply in relation to State banking or insurance within that State12B - Severability—additional effect of this ActDivision 1 - Interferences with privacy
13 - Interferences with privacy13B - Related bodies corporate13C - Change in partnership because of change in partners13D - Overseas act required by foreign law13E - Effect of sections 13B, 13C and 13D13F - Act or practice not covered by section 13 is not an interference with privacy13G - Serious and repeated interferences with privacyDivision 2 - Australian Privacy Principles
14 - Australian Privacy Principles15 - APP entities must comply with Australian Privacy Principles16 - Personal, family or household affairs16A - Permitted general situations in relation to the collection, use or disclosure of personal information16B - Permitted health situations in relation to the collection, use or disclosure of health information16C - Acts and practices of overseas recipients of personal informationDivision 4 - Tax file number information
17 - Rules relating to tax file number information18 - File number recipients to comply with rulesDivision 1 - Introduction
19 - Guide to this PartDivision 2 - Credit reporting bodies
Subdivision A - Introduction and application of this Division etc.
20 - Guide to this Division20A - Application of this Division and the Australian Privacy Principles to credit reporting bodiesSubdivision B - Consideration of information privacy
20B - Open and transparent management of credit reporting informationSubdivision C - Collection of credit information
20C - Collection of solicited credit information20D - Dealing with unsolicited credit informationSubdivision D - Dealing with credit reporting information etc.
20E - Use or disclosure of credit reporting information20F - Permitted CRB disclosures in relation to individuals20G - Use or disclosure of credit reporting information for the purposes of direct marketing20H - Use or disclosure of pre screening assessments20J - Destruction of pre screening assessment20K - No use or disclosure of credit reporting information during a ban period20L - Adoption of government related identifiers20M - Use or disclosure of credit reporting information that is de identifiedSubdivision E - Integrity of credit reporting information
20N - Quality of credit reporting information20P - False or misleading credit reporting information20Q - Security of credit reporting informationSubdivision F - Access to, and correction of, information
20R - Access to credit reporting information20S - Correction of credit reporting information20T - Individual may request the correction of credit information etc.20U - Notice of correction etc. must be givenSubdivision G - Dealing with credit reporting information after the retention period ends etc.
20V - Destruction etc. of credit reporting information after the retention period ends20W - Retention period for credit information—general20X - Retention period for credit information—personal insolvency information20Y - Destruction of credit reporting information in cases of fraud20Z - Dealing with information if there is a pending correction request etc.20ZA - Dealing with information if an Australian law etc. requires it to be retainedDivision 3 - Credit providers
Subdivision A - Introduction and application of this Division
21 - Guide to this Division21A - Application of this Division to credit providersSubdivision B - Consideration of information privacy
21B - Open and transparent management of credit information etc.Subdivision C - Dealing with credit information
21C - Additional notification requirements for the collection of personal information etc.21D - Disclosure of credit information to a credit reporting body21E - Payment information must be disclosed to a credit reporting body21F - Limitation on the disclosure of credit information during a ban periodSubdivision D - Dealing with credit eligibility information etc.
21G - Use or disclosure of credit eligibility information21H - Permitted CP uses in relation to individuals21J - Permitted CP disclosures between credit providers21K - Permitted CP disclosures relating to guarantees etc.21L - Permitted CP disclosures to mortgage insurers21M - Permitted CP disclosures to debt collectors21N - Permitted CP disclosures to other recipients21NA - Disclosures to certain persons and bodies that do not have an Australian link21P - Notification of a refusal of an application for consumer creditSubdivision E - Integrity of credit information and credit eligibility information
21Q - Quality of credit eligibility information21R - False or misleading credit information or credit eligibility information21S - Security of credit eligibility informationSubdivision F - Access to, and correction of, information
21T - Access to credit eligibility information21U - Correction of credit information or credit eligibility information21V - Individual may request the correction of credit information etc.21W - Notice of correction etc. must be givenDivision 4 - Affected information recipients
22 - Guide to this DivisionSubdivision A - Consideration of information privacy
22A - Open and transparent management of regulated informationSubdivision B - Dealing with regulated information
22B - Additional notification requirements for affected information recipients22C - Use or disclosure of information by mortgage insurers or trade insurers22D - Use or disclosure of information by a related body corporate22E - Use or disclosure of information by credit managers etc.22F - Use or disclosure of information by advisers etc.Division 5 - Complaints
23 - Guide to this Division23A - Individual may complain about a breach of a provision of this Part etc.23B - Dealing with complaints23C - Notification requirements relating to correction complaintsDivision 6 - Unauthorised obtaining of credit reporting information etc.
24 - Obtaining credit reporting information from a credit reporting body24A - Obtaining credit eligibility information from a credit providerDivision 7 - Court orders
25 - Compensation orders25A - Other orders to compensate loss or damageDivision 1 - Introduction
26 - Guide to this PartDivision 2 - Registered APP codes
Subdivision A - Compliance with registered APP codes etc.
26A - APP entities to comply with binding registered APP codes26B - What is a registered APP code26C - What is an APP code26D - Extension of Act to exempt acts or practices covered by registered APP codesSubdivision B - Development and registration of APP codes
26E - Development of APP codes by APP code developers26F - Application for registration of APP codes26G - Development of APP codes by the Commissioner26H - Commissioner may register APP codesSubdivision C - Variation and removal of registered APP codes
26J - Variation of registered APP codes26K - Removal of registered APP codesDivision 3 - Registered CR code
Subdivision A - Compliance with the registered CR code
26L - Entities to comply with the registered CR code if bound by the code26M - What is the registered CR code26N - What is a CR codeSubdivision B - Development and registration of CR code
26P - Development of CR code by CR code developers26Q - Application for registration of CR code26R - Development of CR code by the Commissioner26S - Commissioner may register CR codeSubdivision C - Variation of the registered CR code
26T - Variation of the registered CR codeDivision 4 - General matters
26U - Codes Register26V - Guidelines relating to codes26W - Review of operation of registered codesDivision 1 - Introduction
26WA - Simplified outline of this Part26WB - Entity26WC - Deemed holding of information26WD - Exception—notification under the My Health Records Act 2012Division 2 - Eligible data breach
26WE - Eligible data breach26WF - Exception—remedial action26WG - Whether access or disclosure would be likely, or would not be likely, to result in serious harm—relevant mattersDivision 3 - Notification of eligible data breaches
Subdivision A - Suspected eligible data breaches
26WH - Assessment of suspected eligible data breach26WJ - Exception—eligible data breaches of other entitiesSubdivision B - General notification obligations
26WK - Statement about eligible data breach26WL - Entity must notify eligible data breach26WM - Exception—eligible data breaches of other entities26WN - Exception—enforcement related activities26WP - Exception—inconsistency with secrecy provisions26WQ - Exception—declaration by CommissionerSubdivision C - Commissioner may direct entity to notify eligible data breach
26WR - Commissioner may direct entity to notify eligible data breach26WS - Exception—enforcement related activities26WT - Exception—inconsistency with secrecy provisionsDivision 2 - Functions of Commissioner
27 - Functions of the Commissioner28 - Guidance related functions of the Commissioner28A - Monitoring related functions of the Commissioner28B - Advice related functions of the Commissioner29 - Commissioner must have due regard to the objects of the ActDivision 3 - Reports by Commissioner
30 - Reports following investigation of act or practice31 - Report following examination of proposed enactment32 - Commissioner may report to the Minister if the Commissioner has monitored certain activities etc.33 - Exclusion of certain matters from reportsDivision 3A - Assessments by, or at the direction of, the Commissioner
33C - Commissioner may conduct an assessment relating to the Australian Privacy Principles etc.33D - Commissioner may direct an agency to give a privacy impact assessmentDivision 4 - Miscellaneous
34 - Provisions relating to documents exempt under the Freedom of Information Act 198235 - Direction where refusal or failure to amend exempt document35A - Commissioner may recognise external dispute resolution schemesDivision 1A - Introduction
36A - Guide to this PartDivision 1 - Investigation of complaints and investigations on the Commissioner’s initiative
36 - Complaints37 - Principal executive of agency38 - Conditions for making a representative complaint38A - Commissioner may determine that a complaint is not to continue as a representative complaint38B - Additional rules applying to the determination of representative complaints38C - Amendment of representative complaints39 - Class member for representative complaint not entitled to lodge individual complaint40 - Investigations40A - Conciliation of complaints41 - Commissioner may or must decide not to investigate etc. in certain circumstances42 - Preliminary inquiries43 - Conduct of investigations43A - Interested party may request a hearing44 - Power to obtain information and documents45 - Power to examine witnesses46 - Directions to persons to attend compulsory conference47 - Conduct of compulsory conference48 - Complainant and certain other persons to be informed of various matters49 - Investigation under section 40 to cease if certain offences may have been committed49A - Investigation under section 40 to cease if civil penalty provision under Personal Property Securities Act 2009 may have been contravened50 - Reference of matters to other authorities50A - Substitution of respondent to complaint51 - Effect of investigation by Auditor GeneralDivision 2 - Determinations following investigation of complaints
52 - Determination of the Commissioner53 - Determination must identify the class members who are to be affected by the determination53A - Notice to be given to outsourcing agency53B - Substituting an agency for a contracted service providerDivision 3 - Enforcement
54 - Application of Division55 - Obligations of organisations and small business operators55A - Proceedings in the Federal Court or Federal Circuit Court to enforce a determination55B - Evidentiary certificateDivision 4 - Review and enforcement of determinations involving Commonwealth agencies
57 - Application of Division58 - Obligations of agencies59 - Obligations of principal executive of agency60 - Compensation and expenses62 - Enforcement of determination against an agencyDivision 5 - Miscellaneous
63 - Legal assistance64 - Commissioner etc. not to be sued65 - Failure to attend etc. before Commissioner66 - Failure to give information etc.67 - Protection from civil actions68 - Power to enter premises68A - Identity cards70 - Certain documents and information not required to be disclosed70B - Application of this Part to former organisationsDivision 1 - Public interest determinations
71 - Interpretation72 - Power to make, and effect of, determinations73 - Application by APP entity74 - Publication of application etc.75 - Draft determination76 - Conference77 - Conduct of conference78 - Determination of application79 - Making of determinationDivision 2 - Temporary public interest determinations
80A - Temporary public interest determinations80B - Effect of temporary public interest determination80D - Commissioner may continue to consider applicationDivision 3 - Register of determinations
80E - Register of determinationsDivision 1 - Object and interpretation
80F - Object80G - Interpretation80H - Meaning of permitted purposeDivision 2 - Declaration of emergency
80J - Declaration of emergency—events of national significance80K - Declaration of emergency—events outside Australia80L - Form of declarations80M - When declarations take effect80N - When declarations cease to have effectDivision 3 - Provisions dealing with the use and disclosure of personal information
80P - Authorisation of collection, use and disclosure of personal informationDivision 4 - Other matters
80Q - Disclosure of information—offence80R - Operation of Part80S - Severability—additional effect of Part80T - Compensation for acquisition of property—constitutional safety netDivision 1 - Civil penalties
80U - Civil penalty provisionsDivision 2 - Enforceable undertakings
80V - Enforceable undertakingsDivision 3 - Injunctions
80W - Injunctions95 - Medical research guidelines95A - Guidelines for Australian Privacy Principles about health information95AA - Guidelines for Australian Privacy Principles about genetic information95B - Requirements for Commonwealth contracts95C - Disclosure of certain provisions of Commonwealth contracts96 - Review by the Administrative Appeals Tribunal98A - Treatment of partnerships98B - Treatment of unincorporated associations98C - Treatment of trusts99A - Conduct of directors, employees and agents100 - Regulations
Part 1 - Consideration of personal information privacy
1 - Australian Privacy Principle 1—open and transparent management of personal information2 - Australian Privacy Principle 2—anonymity and pseudonymityPart 2 - Collection of personal information
3 - Australian Privacy Principle 3—collection of solicited personal information4 - Australian Privacy Principle 4—dealing with unsolicited personal information5 - Australian Privacy Principle 5—notification of the collection of personal informationPart 3 - Dealing with personal information
6 - Australian Privacy Principle 6—use or disclosure of personal information7 - Australian Privacy Principle 7—direct marketing8 - Australian Privacy Principle 8—cross border disclosure of personal information9 - Australian Privacy Principle 9—adoption, use or disclosure of government related identifiersPart 4 - Integrity of personal information
10 - Australian Privacy Principle 10—quality of personal information11 - Australian Privacy Principle 11—security of personal informationPart 5 - Access to, and correction of, personal information
12 - Australian Privacy Principle 12—access to personal information13 - Australian Privacy Principle 13—correction of personal informationPower to deal with complaints about overseas acts and practices
(4) Part V of this Act has extra territorial operation so far as that Part relates to complaints and investigation concerning acts and practices to which this Act extends because of subsection (1) or (1A).
Note: This lets the Commissioner take action overseas to investigate complaints and lets the ancillary provisions of Part V operate in that context.
APP complaint means a complaint about an act or practice that, if established, would be an interference with the privacy of an individual because it breached an Australian Privacy Principle.
class member, in relation to a representative complaint, means any of the persons on whose behalf the complaint was lodged, but does not include a person who has withdrawn under section 38B.
code complaint means a complaint about an act or practice that, if established, would be an interference with the privacy of an individual because it breached a registered APP code.
credit reporting complaint means a complaint about an act or practice that, if established, would be an interference with the privacy of an individual because:
file number complaint means a complaint about an act or practice that, if established, would be an interference with the privacy of an individual:
(a) a complaint made under section 23A that relates to the information if a decision about the complaint has not been made under subsection 23B(4); or
(c) a complaint made to the Commissioner under Part V that relates to the information and that is still being dealt with.
representative complaint means a complaint where the persons on whose behalf the complaint was made include persons other than the complainant, but does not include a complaint that the Commissioner has determined should no longer be continued as a representative complaint.
respondent for a complaint made under section 23A means the credit reporting body or credit provider to which the complaint is made.
(7) Nothing in this Act prevents a complaint from:
(a) being both a file number complaint and an APP complaint; or
(b) being both a file number complaint and a credit reporting complaint; or
(c) being both a file number complaint and a code complaint; or
(e) being both a code complaint and a credit reporting complaint; or
(f) being both an APP complaint and a credit reporting complaint; or
(g) being both an APP complaint and a code complaint.
(b) a communication (including a complaint, notice, request or disclosure of information) made to a partner is taken to have been made to the organisation.
(b) a communication (including a complaint, notice, request or disclosure of information) made to a member of the committee of management of the association is taken to have been made to the organisation.
(b) a communication (including a complaint, notice or request or disclosure of information) made to a trustee is taken to have been made to the organisation.
Division 5 deals with complaints to credit reporting bodies or credit providers about acts or practices that may be a breach of certain provisions of this Part or the registered CR code.
(b) will enable the body to deal with inquiries or complaints from individuals about the body’s compliance with this Division or the registered CR code.
(h) how an individual may complain about a failure of the body to comply with this Division or the registered CR code and how the body will deal with such a complaint.
(ii) make a complaint to the Commissioner under Part V.
(ii) make a complaint to the Commissioner under Part V.
(b) will enable the provider to deal with inquiries or complaints from individuals about the provider’s compliance with this Division or the registered CR code if it binds the provider.
(h) how the provider will deal with such a complaint;
(d) that the credit reporting policy of the provider contains information about how the provider will deal with such a complaint;
(ii) make a complaint to the Commissioner under Part V.
(ii) make a complaint to the Commissioner under Part V.
(b) will enable the recipient to deal with inquiries or complaints from individuals about the recipient’s compliance with this Division or the registered CR code if it binds the recipient.
(e) how the recipient will deal with such a complaint.
(c) that the credit reporting policy of the recipient contains information about how the recipient will deal with such a complaint.
This Division deals with complaints about credit reporting bodies or credit providers.
If a complaint is made, the respondent for the complaint must investigate the complaint and make a decision about the complaint.
Complaint
Note: A complaint about a breach of section 20R or 20T, or a provision of the registered CR code that relates to that section, may be made to the Commissioner under Part V.
Note: A complaint about a breach of section 21T or 21V, or a provision of the registered CR code that relates to that section, may be made to the Commissioner under Part V.
Nature of complaint
(3) If an individual makes a complaint, the individual must specify the nature of the complaint.
(4) The complaint may relate to personal information that has been destroyed or de identified.
(5) The credit reporting body or credit provider must not charge the individual for the making of the complaint or for dealing with the complaint.
(1) If an individual makes a complaint under section 23A, the respondent for the complaint:
(a) must, within 7 days after the complaint is made, give the individual a written notice that:
(i) acknowledges the making of the complaint; and
(ii) sets out how the respondent will deal with the complaint; and
(b) must investigate the complaint.
Consultation about the complaint
(2) If the respondent for the complaint considers that it is necessary to consult a credit reporting body or credit provider about the complaint, the respondent must consult the body or provider.
Decision about the complaint
(4) After investigating the complaint, the respondent must, within the period referred to in subsection (5), make a decision about the complaint and give the individual a written notice that:
(ii) make a complaint to the Commissioner under Part V.
(a) the period of 30 days that starts on the day on which the complaint is made; or
(1) This section applies if an individual makes a complaint under section 23A about an act or practice that may breach section 20S or 21U (which deal with the correction of personal information by credit reporting bodies and credit providers).
Notification of complaint etc.
(a) the respondent for the complaint is a credit reporting body; and
(b) the complaint relates to credit information or credit eligibility information that a credit provider holds;
(c) notify the provider of the making of the complaint as soon as practicable after it is made; and
(d) notify the provider of the making of a decision about the complaint under subsection 23B(4) as soon as practicable after it is made.
(a) the respondent for the complaint is a credit provider; and
(b) the complaint relates to:
(c) notify the body or other provider (as the case may be) of the making of the complaint as soon as practicable after it is made; and
(d) notify the body or other provider (as the case may be) of the making of a decision about the complaint under subsection 23B(4) as soon as practicable after it is made.
(a) a credit reporting body discloses credit reporting information to which the complaint relates under Division 2 of this Part; and
(b) at the time of the disclosure, a decision about the complaint under subsection 23B(4) has not been made;
the body must, at that time, notify in writing the recipient of the information of the complaint.
(a) a credit provider discloses personal information to which the complaint relates under Division 3 of this Part or under the Australian Privacy Principles; and
(b) at the time of the disclosure, a decision about the complaint under subsection 23B(4) has not been made;
the provider must, at that time, notify in writing the recipient of the information of the complaint.
(c) deal with the internal handling of complaints;
(d) provide for the reporting to the Commissioner about complaints;
(b) deal with the internal handling of complaints;
(c) provide for the reporting to the Commissioner about complaints;
(1) Where the Commissioner has investigated an act or practice without a complaint having been made under section 36, the Commissioner may report to the Minister about the act or practice, and shall do so:
(f) the Commissioner has, as a result of the complaint, recommended under subsection 30(3) of this Act that the agency amend the document, or amend a part of the document, to which the applicant has been refused access; and
In general, this Part deals with complaints and investigations about acts or practices that may be an interference with the privacy of an individual.
An individual may complain to the Commissioner about an act or practice that may be an interference with the privacy of the individual. If a complaint is made, the Commissioner is required to investigate the act or practice except in certain circumstances.
(a) to conciliate complaints; and
(d) to transfer matters to an alternative complaint body in certain circumstances.
(2) In the case of an act or practice that may be an interference with the privacy of 2 or more individuals, any one of those individuals may make a complaint under subsection (1) on behalf of all of the individuals.
(2A) In the case of a representative complaint, this section has effect subject to section 38.
(3) A complaint shall be in writing.
to provide appropriate assistance to a person who wishes to make a complaint and requires assistance to formulate the complaint.
(5) The complaint shall specify the respondent to the complaint.
(6) In the case of a complaint about an act or practice of an agency:
(7) In the case of a complaint about an act or practice of an organisation, the organisation is the respondent.
(8) The respondent to a complaint about an act or practice described in subsection 13(2), (4) or (5), other than an act or practice of an agency or organisation, is the person or entity who engaged in the act or practice.
(1) A representative complaint may be lodged under section 36 only if:
(a) the class members have complaints against the same person or entity; and
(b) all the complaints are in respect of, or arise out of, the same, similar or related circumstances; and
(c) all the complaints give rise to a substantial common issue of law or fact.
(2) A representative complaint made under section 36 must:
(b) specify the nature of the complaints made on behalf of the class members; and
(d) specify the questions of law or fact that are common to the complaints of the class members.
(3) A representative complaint may be lodged without the consent of class members.
(1) The Commissioner may, on application by the respondent or on his or her own initiative, determine that a complaint should no longer continue as a representative complaint.
(a) the costs that would be incurred if the complaint were to continue as a representative complaint are likely to exceed the costs that would be incurred if each class member lodged a separate complaint;
(b) the representative complaint will not provide an efficient and effective means of dealing with the complaints of the class members;
(c) the complaint was not brought in good faith as a representative complaint;
(d) it is otherwise inappropriate that the complaints be pursued by means of a representative complaint.
(a) the complaint may be continued as a complaint by the complainant on his or her own behalf against the respondent; and
(b) on the application of a person who was a class member for the purposes of the former representative complaint, the Commissioner may join that person as a complainant to the complaint as continued under paragraph (a).
(2) A class member may, by notice in writing to the Commissioner, withdraw from a representative complaint:
(a) if the complaint was lodged without the consent of the member—at any time; or
(b) otherwise—at any time before the Commissioner begins to hold an inquiry into the complaint.
Note: If a class member withdraws from a representative complaint that relates to a matter, the former member may make a complaint under section 36 that relates to the matter.
If the Commissioner is satisfied that a complaint could be dealt with as a representative complaint if the class of persons on whose behalf the complaint is lodged is increased, reduced or otherwise altered, the Commissioner may amend the complaint so that the complaint can be dealt with as a representative complaint.
A person who is a class member for a representative complaint is not entitled to lodge a complaint in respect of the same subject matter.
(b) a complaint about the act or practice has been made under section 36.
(1A) The Commissioner must not investigate a complaint if the complainant did not complain to the respondent before making the complaint to the Commissioner under section 36. However, the Commissioner may decide to investigate the complaint if he or she considers that it was not appropriate for the complainant to complain to the respondent.
(1B) Subsection (1A) does not apply if the complaint is about an act or practice that may breach:
(a) a complaint about an act or practice is made under section 36; and
(b) the Commissioner considers it is reasonably possible that the complaint may be conciliated successfully;
the Commissioner must make a reasonable attempt to conciliate the complaint.
(3) If the Commissioner is satisfied that there is no reasonable likelihood that the complaint will be resolved by conciliation, the Commissioner must, in writing, notify the complainant and respondent of that matter.
(5) Evidence of anything said or done in the course of the conciliation is not admissible in any hearing before the Commissioner, or in any legal proceedings, relating to complaint or the act or practice unless:
(1) The Commissioner may decide not to investigate, or not to investigate further, an act or practice about which a complaint has been made under section 36 if the Commissioner is satisfied that:
(c) the complaint was made more than 12 months after the complainant became aware of the act or practice; or
(d) the complaint is frivolous, vexatious, misconceived, lacking in substance or not made in good faith; or
(db) the complainant has not responded, within the period specified by the Commissioner, to a request for information in relation to the complaint; or
(e) the act or practice is the subject of an application under another Commonwealth law, or a State or Territory law, and the subject matter of the complaint has been, or is being, dealt with adequately under that law; or
(f) another Commonwealth law, or a State or Territory law, provides a more appropriate remedy for the act or practice that is the subject of the complaint.
(1A) The Commissioner must not investigate, or investigate further, an act or practice about which a complaint has been made under section 36 if the Commissioner is satisfied that the complainant has withdrawn the complaint.
(2) The Commissioner may decide not to investigate, or not to investigate further, an act or practice about which a complaint has been made under section 36 if the Commissioner is satisfied that the complainant has complained to the respondent about the act or practice and either:
(a) the respondent has dealt, or is dealing, adequately with the complaint; or
(b) the respondent has not yet had an adequate opportunity to deal with the complaint.
(3) The Commissioner may defer the investigation or further investigation of an act or practice about which a complaint has been made under section 36 if:
(1) Where a complaint has been made to the Commissioner, the Commissioner may, for the purpose of determining:
(a) whether the Commissioner has power to investigate the matter to which the complaint relates; or
(1) Before commencing an investigation of a matter to which a complaint relates, the Commissioner shall inform the respondent that the matter is to be investigated.
(1) For the purposes of performing the Commissioner’s functions in relation to a complaint, the Commissioner may, by written notice, direct:
(c) any other person who, in the opinion of the Commissioner, is likely to be able to provide information relevant to the matter to which the complaint relates or whose presence at the conference is, in the opinion of the Commissioner, likely to assist in connection with the performance of the Commissioner’s functions in relation to the complaint;
(1) Where the Commissioner decides not to investigate, or not to investigate further, a matter to which a complaint relates, the Commissioner shall, as soon as practicable and in such manner as the Commissioner thinks fit, inform the complainant and the respondent of the decision and of the reasons for the decision.
(b) in the case of an investigation under subsection 40(1), give a copy of the complaint to the Commissioner of Police or the Director of Public Prosecutions, as the case may be; and
(b) in the case of an investigation under subsection 40(1), give a copy of the complaint to the Registrar of Personal Property Securities; and
alternative complaint body means:
(2) Where, before the Commissioner commences, or after the Commissioner has commenced, to investigate a matter to which a complaint relates, the Commissioner forms the opinion that:
(a) a complaint relating to that matter has been, or could have been, made by the complainant:
and that that matter could be more conveniently or effectively dealt with by the alternative complaint body, the Commissioner may decide not to investigate the matter, or not to investigate the matter further, as the case may be, and, if the Commissioner so decides, he or she shall:
(c) transfer the complaint to the alternative complaint body; and
(d) give notice in writing to the complainant stating that the complaint has been so transferred; and
(e) give to the alternative complaint body any information or documents that relate to the complaint and are in the possession, or under the control, of the Commissioner.
(3) A complaint transferred under subsection (2) shall be taken to be:
(a) a complaint made:
(1) This section lets the Commissioner substitute an agency for an organisation as respondent to a complaint if:
(b) before the Commissioner makes a determination under section 52 in relation to the complaint, the organisation:
(2) The Commissioner may amend the complaint to specify as a respondent to the complaint the agency or its principal executive, instead of the organisation.
Note 1: The complaint still relates to the act or practice of the organisation.
(3) Before amending the complaint, the Commissioner must:
(a) give the agency a notice stating that the Commissioner proposes to amend the complaint and stating the reasons for the proposal; and
(4) If the Commissioner amends the complaint after starting to investigate it, the Commissioner is taken to have satisfied subsection 43(1A) in relation to the agency.
(1) After investigating a complaint, the Commissioner may:
(a) make a determination dismissing the complaint; or
(b) find the complaint substantiated and make a determination that includes one or more of the following:
(iii) a declaration that the complainant is entitled to a specified amount by way of compensation for any loss or damage suffered by reason of the act or practice the subject of the complaint;
(3) In a determination under paragraph (1)(a) or (b) (other than a determination made on a representative complaint), the Commissioner may include a declaration that the complainant is entitled to a specified amount to reimburse the complainant for expenses reasonably incurred by the complainant in connection with the making of the complaint and the investigation of the complaint.
(4) A determination by the Commissioner under subparagraph (1)(b)(iii) on a representative complaint:
(5) If the Commissioner makes a determination under subparagraph (1)(b)(iii) on a representative complaint, the Commissioner may give such directions (if any) as he or she thinks just in relation to:
complainant, in relation to a representative complaint, means the class members.
A determination under section 52 on a representative complaint must describe or otherwise identify those of the class members who are to be affected by the determination.
complainant, in relation to a representative complaint, means any of the class members.
complainant, in relation to a representative complaint, means a class member.
complainant, in relation to a representative complaint, means a class member.
(a) the Commissioner has dismissed a file number complaint; and
(b) the respondent to the complaint is not an agency or the principal executive of an agency;
(2A) Subsection (2) does not permit an application relating to proceedings under section 55A to enforce a determination relating to a code complaint or an APP complaint.
(a) in the case of an application under subsection (1)—such financial assistance in connection with the investigation of the complaint as the Attorney General determines; or
(a) the making of a complaint under this Act;
(a) a complaint may be made under this Part about an act or practice of the individual in carrying on the business before he or she became a small business operator; and
(b) the complaint may be investigated (and further proceedings taken) under this Part as though the individual were still an organisation.
Example 2: A small business operator chooses under section 6EA to be treated as an organisation, but later revokes the choice. A complaint about an act or practice the operator engaged in while the choice was registered under that section may be made and investigated under this Part as if the operator were an organisation.
(b) will enable the entity to deal with inquiries or complaints from individuals about the entity’s compliance with the Australian Privacy Principles or such a code.
(e) how an individual may complain about a breach of the Australian Privacy Principles, or a registered APP code (if any) that binds the entity, and how the entity will deal with such a complaint;
(h) that the APP privacy policy of the APP entity contains information about how the individual may complain about a breach of the Australian Privacy Principles, or a registered APP code (if any) that binds the entity, and how the entity will deal with such a complaint;
