Privacy Act 1988 procedures consultation

/*
 *  Knowledge-base: Privacy Act 1988 procedures consultation 
 *  Author/Contributor: Graham Greenleaf
 *  Publisher: Australasian Legal Information Institute (AustLII)
 *  Last updated: 26 May 2020
 */

PERSON the complainant
PERSONTHING the respondent
THING the act or practice

LINK act or practice TO http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/pa1988108/s7.html
LINK an interference with the privacy of an individual TO http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/pa1988108/s13.html
LINK external dispute resolution scheme TO http://www.austlii.edu.au/cgi-bin/sinosrch.cgi?mask_path=&method=auto&query=%22+pa1988108%22+near+external+dispute+resolution+scheme
LINK has dealt, or is dealing, adequately TO http://www.austlii.edu.au/cgi-bin/sinosrch.cgi?mask_path=&method=auto&query=%22pa1988108+s41%22+near+dealt++near+adequately

GOAL RULE Privacy Act 1988 - Section 41 applies to end complaint investigation PROVIDES
the Commissioner has investigated a complaint ONLY IF Privacy Act 1988 section 41(1) does not apply AND Privacy Act 1988 section 41(1A) does not apply AND Privacy Act 1988 section 41(2) does not apply

RULE Privacy Act 1988 - Section 41(1) applies PROVIDES
Privacy Act 1988 section 41(1) applies ONLY IF a complaint has been made under Privacy Act 1988 section 36 about the act or practice AND the Commissioner decides not to investigate (or investigate further), the act or practice

RULE Privacy Act 1988 - Section 41(1) conditions PROVIDES 
the Commissioner decides not to investigate (or investigate further), the act or practice ONLY IF 

the Commissioner is satisfied that under Privacy Act 1988 section 41(1)(a) the act or practice is not an interference with the privacy of an individual OR

the Commissioner is satisfied that under Privacy Act 1988 section 41(1)( c ) the complaint was made more than 12 months after the complainant became aware of the act or practice OR

the Commissioner is satisfied that under Privacy Act 1988 section 41(1)(d)the complaint is frivolous, vexatious, misconceived, lacking in substance or not made in good faith OR

the Commissioner is satisfied that under Privacy Act 1988 section 41(1)(da) an investigation, or further investigation, of the act or practice is not warranted having regard to all the circumstances OR

the Commissioner is satisfied that under Privacy Act 1988 section 41(1)(db) the complainant has not responded, within the period specified by the Commissioner, to a request for information in relation to the complaint OR

the Commissioner is satisfied that under Privacy Act 1988 section 41(1)(dc)the act or practice is being dealt with by a recognised external dispute resolution scheme OR

the Commissioner is satisfied that under Privacy Act 1988 section 41(1)(dd) the act or practice would be more effectively or appropriately dealt with by a recognised external dispute resolution scheme OR


BEGIN the Commissioner is satisfied that under Privacy Act 1988 section 41(1)(e) the act or practice is the subject of an application under another Commonwealth law, or a State or Territory law, AND the Commissioner is satisfied that the subject-matter of the complaint has been, or is being, dealt with adequately under that law END OR


the Commissioner is satisfied that under Privacy Act 1988 section 41(1)(f) another Commonwealth law, or a State or Territory law, provides a more appropriate remedy for the act or practice that is the subject of the complaint.

RULE Privacy Act 1988 - Section 41(1A) applies PROVIDES
Privacy Act 1988 section 41(1A) applies ONLY IF the Commissioner is satisfied that the complainant has withdrawn the complaint

RULE Privacy Act 1988 - Section 41(1A) consequence PROVIDES
IF Privacy Act 1988 section 41(1A) applies THEN the Commissioner must not investigate, or investigate further, the act or practice

RULE Privacy Act 1988 - Section 41(2) applies PROVIDES
Privacy Act 1988 section 41(2) applies ONLY IF
the Commissioner is satisfied that the complainant has complained to the respondent about the act or practice AND 

the Commissioner is satisfied that (a) the respondent has dealt, or is dealing, adequately with the complaint AND the Commissioner decides because of (a) not to investigate (or investigate further), the act or practice OR

the Commissioner is satisfied that (b) the respondent has not yet had an adequate opportunity to deal with the complaint AND the Commissioner decides because of (b) not to investigate (or investigate further), the act or practice


/* 

 (3) The Commissioner may defer the investigation or further
 investigation of an act or practice about which a complaint has been
 made under section 36 if:

 (a) an application has been made by the respondent for a determination
 under section 72 in relation to the act or practice; and

 (b) the Commissioner is satisfied that the interests of persons
 affected by the act or practice would not be unreasonably prejudiced
 if the investigation or further investigation were deferred until the
 application had been disposed of.
*/

GOAL RULE PRIVACY ACT 1988 - SECT 96 - Review by the Administrative Appeals Tribunal PROVIDES
Privacy Act 1988 section 96(1) applies ONLY IF 
 an application may be made to the Administrative Appeals Tribunal for 
 review of a decision of the Commissioner

RULE PRIVACY ACT 1988 - SECT 96 - decisions of the Commissioner PROVIDES an application may be made to the Administrative Appeals Tribunal for 
 review of a decision of the Commissioner ONLY IF Privacy Act 1988 section 52(1) applies OR Privacy Act 1988 section 52(1A) applies 

RULE PRIVACY ACT 1988 - SECT 13 - interferences with privacy PROVIDES the complaint is substantiated ONLY IF the act or practice is an interference with privacy within the meaning of  Privacy Act 1988 section 13 OR the act or practice has been deemed by another Act to be an interference with privacy for the purposes of the Privacy Act 1988 OR the act or practice is an interference with privacy because of Privacy Act 1988 section 94