Division 1In this Part:complainant, in relation to a complaint, means the person who makes the complaint.
respondent, in relation to a complaint, means a person against whom the complaint is made.
42 Making of privacy related complaints
(1) A complaint may be made to the Privacy Commissioner about the alleged contravention of any of the following by a private sector person:(a) a Health Privacy Principle,(b) a provision of Part 4,(c) a health privacy code of practice.(2) A complaint must be made:(a) in writing, and(b) in accordance with such regulations (if any) as may be made for the purposes of this section.(3) A complaint must be made within 6 months (or such later time as the Privacy Commissioner may allow) after the time the complainant first became aware of the conduct the subject of the complaint.(4) A complainant may amend or withdraw a complaint.(5) This Part does not apply to any conduct that occurred before the commencement of this Part.
43 Preliminary assessment of complaints
(1) The Privacy Commissioner may conduct a preliminary assessment of a complaint made under this Part for the purpose of deciding whether to deal with the complaint.(2) The Privacy Commissioner may decide not to deal with a complaint if the Privacy Commissioner is satisfied that:(a) the complaint is frivolous, vexatious or lacking in substance, or is not in good faith, or(b) the subject matter of the complaint is trivial, or(c) the subject matter of the complaint relates to a matter permitted or required by or under any law, or(d) there is available to the complainant an alternative, satisfactory and readily available means of redress, or(e) the matter should be referred to the Health Care Complaints Commission or another person or body under section 65, 66 or 67, or(f) the person has made a complaint about the same subject matter to the Commonwealth Privacy Commissioner, or to an adjudicator under an approved privacy code within the meaning of the Privacy Act 1988 of the Commonwealth, and:(i) the complaint has not been withdrawn, or(ii) the Commonwealth Privacy Commissioner has made a determination under section 52 of that Act, or(iii) the adjudicator has made a determination under a provision of the approved privacy code that corresponds to section 52 of that Act.(3) If the Privacy Commissioner decides not to deal with a complaint, the Privacy Commissioner must advise the complainant of the reasons for deciding not to deal with the complaint.
(1) If the Privacy Commissioner decides to deal with a complaint made under this Part, the Privacy Commissioner:(a) is to carry out an assessment to determine whether there is a prima facie case that the respondent contravened a Health Privacy Principle, a provision of Part 4 or a health privacy code of practice, and(b) for that purpose, may make such inquiries and investigations into the complaint as the Privacy Commissioner thinks appropriate.(2) If, after carrying out such an assessment, the Privacy Commissioner is satisfied that there is no prima facie case that the respondent contravened a Health Privacy Principle, a provision of Part 4 or a health privacy code of practice, the Privacy Commissioner is to cease to deal with the complaint.(3) If the Privacy Commissioner ceases to deal with a complaint, the Privacy Commissioner must advise the complainant of the reasons for ceasing to deal with the complaint.
(1) If the Privacy Commissioner is satisfied that there is a prima facie case that the respondent contravened a Health Privacy Principle, a provision of Part 4 or a health privacy code of practice, the Privacy Commissioner may:(a) endeavour to resolve the complaint by conciliation under section 46, or(b) further investigate the complaint and make a report under section 47, or(c) determine that the complaint has been resolved to his or her satisfaction.(2) In deciding which course of action to take, the Privacy Commissioner is to take into consideration the following matters:(a) the nature of the complaint,(b) the views of the complainant and respondent,(c) any action taken by the respondent (or that the respondent gives an undertaking to take) to address the complaint,(d) whether the complaint raises a matter of public interest.(3) If the Privacy Commissioner determines that the complaint has been resolved to his or her satisfaction under subsection (1) (c), the Privacy Commissioner is to:(a) notify the complainant and the respondent of the determination, and(b) take no further action on the complaint.
46 Resolution of complaint by conciliation
(1) The Privacy Commissioner may endeavour to resolve the complaint by conciliation.(2) The Privacy Commissioner may by written notice request the complainant and the respondent to appear before the Privacy Commissioner in conciliation proceedings.(3) A person or body must not without reasonable excuse fail to comply with the terms of a notice under subsection (2).Maximum penalty: 50 penalty units in the case of a body corporate or 10 penalty units in any other case.
(4) The parties to any such conciliation proceedings before the Privacy Commissioner are not entitled to be represented by any other person except by leave of the Privacy Commissioner.(5) The procedures for conciliation are to be determined by the Privacy Commissioner.(6) Evidence of anything said or done in the course of conciliation proceedings under this section is not admissible in subsequent proceedings under this Part relating to the complaint.(7) The Privacy Commissioner is to take no further action after the conclusion of the conciliation proceedings, whether or not the parties reach any agreement as a result of the proceedings.
47 Reports and recommendations of Privacy Commissioner
(1) The Privacy Commissioner may make a written report as to any findings or recommendations by the Privacy Commissioner in relation to a complaint dealt with by the Privacy Commissioner under section 45 (1) (b).(2) The Privacy Commissioner may give a copy of any such report to the complainant, the respondent and to such other persons or bodies as appear to be materially involved in matters concerning the complaint.(3) A report under this section is admissible in subsequent proceedings under this Part relating to the complaint.