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Privacy Act 2020

Complaints, investigations, and proceedings - Complaints

78: Referral of complaint to Director without conducting investigation

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"The Commissioner can pass on your complaint to the Director without investigating first."

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The Commissioner can send your complaint to the Director without looking into it first if they cannot get an agreement or a promise from the other side under section 77. They can also send it if someone did not do what they promised to do after a complaint was made. You made a complaint and the Commissioner thinks the other side did not follow the rules they agreed to, or broke a promise they made under the Privacy Act 2020 or the Privacy Act 1993.

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77: Exploring possibility of settlement and assurance without investigating complaint, or

"The Commissioner tries to fix a privacy problem without a big investigation, by getting people to agree on a solution."

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79: Application of this subpart, or

"When the Privacy Commissioner can investigate issues"

Part 5Complaints, investigations, and proceedings
Complaints

78Referral of complaint to Director without conducting investigation

  1. The Commissioner may refer a complaint to the Director without conducting an investigation if—

  2. the Commissioner is unable to secure a settlement or a satisfactory assurance under section 77; or
    1. 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
      1. 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.

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