Privacy Act 2020
Version as at
6 December 2023
Part 5
Complaints, investigations, and proceedings
68
69
Interpretation
Interference with privacy of individual
53
54
Subpart 1—Complaints
70
71
72
73
74
75
76
77
78
Complaints
Who may make complaint
Form of complaint
Procedure on receipt of complaint
Commissioner may decide not to investigate complaint
Referral of complaint to another person
Referral of complaint to overseas privacy enforcement authority
Exploring possibility of settlement and assurance without
investigating complaint
Referral of complaint to Director without conducting investigation
55
55
55
55
56
57
57
58
58
Subpart 2—Investigations by Commissioner
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
Application of this subpart
Commencing investigation
Conducting investigation
Commissioner may regulate own procedure
Exploring possibility of settlement and assurance during
investigation
Referral of complaint to Director without completing investigation
Compulsory conferences of parties to complaint
Power to summon persons
Power to require information and documents
Disclosure of information may be required despite obligation of
secrecy
Protection and privileges of persons required to provide
information, etc
Disclosed information privileged
Procedure after completion of investigation relating to access to
personal information
Access direction
Procedure after completion of investigation relating to charging
Procedure after completion of other investigations
Special procedure relating to intelligence and security agency
Commissioner to report breach of duty or misconduct
58
59
59
59
60
60
60
61
61
62
63
64
65
66
66
67
68
68
Subpart 3—Proceedings before Human Rights Review Tribunal
Proceedings in relation to complaints or investigations
97
98
4
Director may commence proceedings in Tribunal
Aggrieved individuals may commence proceedings in Tribunal
69
69