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Privacy Act 2020

Complaints, investigations, and proceedings - Proceedings before Human Rights Review Tribunal - Proceedings in relation to complaints or investigations

98: Aggrieved individuals may commence proceedings in Tribunal

You could also call this:

"You can take your complaint to the Tribunal if you're unhappy with the Commissioner's decision."

Illustration for Privacy Act 2020

If you are unhappy with a decision made by the Commissioner, you can take your complaint to the Tribunal. You can do this if the Commissioner decides not to investigate your complaint, or if they do investigate but decide not to take it further. You can also take your complaint to the Tribunal if the Commissioner makes a decision about your complaint, but you are not happy with that decision. You might need to look at sections like subpart 2, section 77(2)(a), section 91(2), 93(2), or 94(1) to understand what the Commissioner can decide. If you want to take your complaint to the Tribunal, you usually need to do it within six months of the Commissioner's decision, but in some cases the Chairperson can agree to extend this time if there are exceptional circumstances.

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97: Director may commence proceedings in Tribunal, or

"The Director can take complaints to a special court called the Tribunal to help fix privacy problems."

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Part 5Complaints, investigations, and proceedings
Proceedings before Human Rights Review Tribunal: Proceedings in relation to complaints or investigations

98Aggrieved individuals may commence proceedings in Tribunal

  1. An aggrieved individual, a representative on behalf of an aggrieved individual, or a representative lawfully acting on behalf of a class of aggrieved individuals may commence proceedings in the Tribunal in respect of a complaint received by the Commissioner, or a matter investigated under subpart 2, in any case where—

  2. the Commissioner decides, under section 77(2)(a), not to investigate the complaint; or
    1. the Commissioner, having commenced an investigation, decides not to further investigate the complaint or matter; or
      1. the Commissioner does not make a determination under section 91(2), 93(2), or 94(1) in respect of the complaint or matter; or
        1. the Commissioner determines that the complaint does not have substance, or that the matter should not be proceeded with; or
          1. the Commissioner determines that the complaint has substance, or the matter should be proceeded with, but does not refer the complaint or matter to the Director; or
            1. the Commissioner makes an access direction under section 92, but an aggrieved individual is not satisfied with the terms of the access direction; or
              1. the Commissioner makes an access direction under section 92, but the aggrieved individual or aggrieved individuals seek 1 or more remedies under section 102 (whether or not the individual or individuals are satisfied with the terms of the access direction); or
                1. the Director decides not to commence proceedings in respect of the complaint or matter referred to the Director by the Commissioner; or
                  1. the Director notifies the aggrieved individual or individuals that the Director agrees to the aggrieved individual or individuals commencing proceedings in respect of the complaint or matter referred to the Director by the Commissioner.

                    1. A person commencing proceedings under subsection (1)(a) must do so within 6 months after the Commissioner has given notice to the complainant under section 77(3).

                    2. A person commencing proceedings under subsection (1)(b) must do so within 6 months after the Commissioner has given notice to the parties under section 81(4).

                    3. A person commencing proceedings under subsection (1)(c), (d), (e), or (f) must do so within 6 months after the Commissioner has given notice to the parties under section 91(7), 93(4), or 94(6).

                    4. A person commencing proceedings under subsection (1)(g) must do so within 6 months after the expiry of the period specified in section 106 for lodging an appeal against the access direction.

                    5. A person commencing proceedings under subsection (1)(h) must do so within 6 months after the Director has given notice of the Director’s decision under section 97(2)(b).

                    6. A person commencing proceedings under subsection (1)(i) must do so within 6 months after the Director has given notice to the aggrieved individual or individuals under subsection (1)(i).

                    7. The Chairperson may agree to extend any period specified in subsections (2) to (7) for commencing proceedings if, on an application made for the purpose by the person proposing to commence proceedings, the Chairperson is satisfied that exceptional circumstances prevented proceedings from being commenced within the specified period.

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