Part 5 s 74 (2) Privacy Act 2020 Version as at 6 December 2023 (a) decide, in accordance with section 74, not to investigate the complaint; or (b) decide, in accordance with section 75, to refer the complaint to another person; or (c) decide, in accordance with section 76, to refer the complaint, or part of the complaint, to an overseas privacy enforcement authority; or (d) decide, in accordance with section 77, to explore the possibility of secur‐ ing a settlement between the complainant and the agency whose action is the subject of the complaint; or (e) decide to investigate the complaint in accordance with subpart 2. As soon as practicable after making a decision under subsection (1), the Com‐ missioner must— (a) advise the complainant of that decision; and (b) advise the complainant of the reasons for the decision, if the decision is made under subsection (1)(a). Compare: 1993 No 28 ss 70, 71(3), 72(3), 72A(3), 72B(3), 72C(3) 74 Commissioner may decide not to investigate complaint (1) The Commissioner may decide not to investigate a complaint if, in the Com‐ missioner’s opinion,— 56 (a) the complainant has not made reasonable efforts to resolve the complaint directly with the agency concerned; or (b) there is an alternative dispute resolution process available to resolve the complaint because of the agency’s membership of a particular profession or industry; or (c) there is an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make a complaint to an Ombudsman, that it would be reasonable for the complainant to pursue; or (d) the complaint relates to a matter in respect of which a code of practice has been issued that includes a complaints procedure, and the complain‐ ant has not taken reasonable steps to pursue, or fully pursue, the redress available under that procedure; or (e) the aggrieved individual or aggrieved individuals knew about the action that is the subject of the complaint for 12 months or more before the complaint was made; or (f) the time that has elapsed between the date on which the subject of the complaint arose and the date on which the complaint was made is such that an investigation of the complaint is no longer practicable or desira‐ ble; or