Online Safety— of 2018
10
(2) The court may, on its own motion, dismiss an application under section 17 without
a hearing if it considers that the application is frivolous or vexatious.
(3) The court may, on its own motion, dismiss an application under section 17(e) from
the police if the court is satisfied that, having regard to all the circumstances of the case,
the application should be dismissed.
(4) An assessment of a complaint referred to in subsection (1) includes where the
Commission has received and assessed a complaint and has made a decision to refuse or
cease an investigation in accordance with section 15.
Court may refer matter back to the Commission
19.—(1) This section applies when the court considers an application under section 17
that arises from the subject matter of a complaint that has been received by the Commission,
whether or not the complaint has been assessed under section 18(1).
(2) The court—
(a) must consider whether an attempt has been made to resolve the complaint,
through mediation or otherwise; and
(b) may adjourn the proceedings and refer the matter back to the Commission
unless the court is satisfied that attempts at resolution, or further attempts
at resolution, of the matter by the parties and the Commission—
(i)
will not contribute constructively to resolving the matter;
(ii)
will not, in the circumstances, be in the public interest; or
(iii) will undermine the proceedings before the court.
Court may require the Commission to provide information
20.—(1) The court may require the Commission to provide information for the purposes
of satisfying the court of any matters referred to it under section 17.
(2) The Commission must provide the information in the manner and form that the
court may require.
Interim orders
21.—(1) The court may, if it considers it necessary to do so, grant an interim order
pending the determination of an application under section 17.
(2) An interim order under this section has the same legal effect as an order under
section 22 and expires when the application under section 17 is determined.
Orders that court may make
22. The court may, on an application made under section 17, make the following
orders—
(a) an order to remove or disable the relevant electronic communication;
(b) an order that a correction be published;
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents