This knowledge base, and other linked knowledge-bases, are by Graham Greenleaf.
Run consultation |
Check Fact Cross References |
Check Fact Translations
INCLUDE http://austlii.community/foswiki/DataLex/PrivacyAct2KB
RULE Privacy Act 1988 - Section 52(1) PROVIDES
Privacy Act 1988 section 52(1) applies ONLY IF Privacy Act 1988 section 52(1)(a) applies OR Privacy Act 1988 section 52(1)(b) applies
RULE Privacy Act 1988 - Section 52(1) - investigation PROVIDES
the Commissioner may make a determination ONLY IF the Commissioner has investigated a complaint
RULE Privacy Act 1988 - Section 52(1)(a) PROVIDES
Privacy Act 1988 section 52(1)(a) applies ONLY IF the Commissioner may make a determination AND the complaint is not substantiated
RULE Privacy Act 1988 - Section 52(1)(b) PROVIDES
Privacy Act 1988 section 52(1)(b) applies ONLY IF the Commissioner may make a determination AND the complaint is substantiated
/*
(1) After investigating a complaint, the Commissioner may:
(a) make a determination dismissing the complaint; or
(b) find the complaint substantiated and make a determination that
includes one or more of the following:
(i) a declaration:
(A) where the principal executive of an agency is the respondent--that
the agency has engaged in conduct constituting an interference with
the privacy of an individual and must not repeat or continue such
conduct; or
(B) in any other case--that the respondent has engaged in conduct
constituting an interference with the privacy of an individual and
must not repeat or continue such conduct;
(ia) a declaration that the respondent must take specified steps
within a specified period to ensure that such conduct is not repeated
or continued;
(ii) a declaration that the respondent must perform any reasonable act
or course of conduct to redress any loss or damage suffered by the
complainant;
(iii) a declaration that the complainant is entitled to