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97: Director may commence proceedings in Tribunal
or “Director can take privacy complaints to the Tribunal”
You could also call this:

“You can take your privacy complaint to the Human Rights Review Tribunal”

If you’re unhappy with how the Privacy Commissioner has handled your complaint, you can take your case to the Human Rights Review Tribunal. You can do this yourself, or someone can represent you or a group of people with similar complaints.

You can go to the Tribunal if the Commissioner decides not to investigate your complaint, stops investigating it, or doesn’t make a decision about it. You can also go if the Commissioner says your complaint isn’t valid or shouldn’t be pursued further.

Even if the Commissioner agrees with your complaint but doesn’t send it to the Director of Human Rights Proceedings, you can still go to the Tribunal. If you’re not happy with an access direction the Commissioner makes, or if you want other remedies, you can also take your case to the Tribunal.

If the Director of Human Rights Proceedings decides not to take your case or agrees that you can take it yourself, you can go to the Tribunal too.

You usually have 6 months to start proceedings with the Tribunal after you’ve been notified of a decision. The exact time depends on the type of decision made about your complaint.

If you miss the deadline, you can ask the Chairperson of the Tribunal for more time. They might give you an extension if there were special reasons why you couldn’t start proceedings earlier.

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Next up: 99: Right of Director to appear in proceedings commenced under section 98

or “The Director or Commissioner can join and speak in privacy-related cases”
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Part 5 Complaints, 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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