Part 5 s 77 Privacy Act 2020 Version as at 6 December 2023 and the complainant agree, the Commissioner may refer the complaint, or the appropriate part of the complaint, to the authority. Compare: 1993 No 28 s 72C 77 Exploring possibility of settlement and assurance without investigating complaint (1) At any time after receiving a complaint and without commencing an investiga‐ tion, the Commissioner may decide to use best endeavours to— (2) (a) secure a settlement of the complaint; and (b) if appropriate, secure a satisfactory assurance from the agency whose action is the subject of the complaint that there will not be a repetition of the action that gave rise to the complaint, or of any similar kind of action. If the Commissioner is unable to secure a settlement or a satisfactory assur‐ ance, the Commissioner may— (a) (b) (3) decide not to investigate the complaint if the Commissioner— (i) is satisfied of any of the matters set out in section 74; or (ii) considers that any further action is unnecessary or inappropriate; or decide to investigate the complaint under subpart 2. As soon as practicable after making a decision under subsection (2), the Com‐ missioner must notify the complainant of the decision. Compare: 1993 No 28 s 74 78 Referral of complaint to Director without conducting investigation The Commissioner may refer a complaint to the Director without conducting an investigation if— (a) the Commissioner is unable to secure a settlement or a satisfactory assurance under section 77; or (b) it appears that a term of settlement previously secured between the agency and the aggrieved individual or aggrieved individuals has not been complied with; or (c) it appears that the action that is the subject of the complaint was done in contravention of any term of settlement or an assurance previously secured under this Act or the Privacy Act 1993. Compare: 1993 No 28 s 77(2)(a), (c) Subpart 2—Investigations by Commissioner 79 Application of this subpart This subpart applies to investigations conducted by the Commissioner— 58