Privacy Act 1988

PART V - INVESTIGATIONS ETC.  

Division 1 - Investigation of complaints and investigations on the Commissioner ' s initiative  

SECTION 41   COMMISSIONER MAY OR MUST DECIDE NOT TO INVESTIGATE ETC. IN CERTAIN CIRCUMSTANCES  

41(1)    

The Commissioner may decide not to investigate, or not to investigate further, an act or practice about which a complaint has been made under section 36 if the Commissioner is satisfied that:

(a) the act or practice is not an interference with the privacy of an individual; or

(b) (Repealed by No 155 of 2000)

(c) the complaint was made more than 12 months after the complainant became aware of the act or practice; or

(d) the complaint is frivolous, vexatious, misconceived, lacking in substance or not made in good faith; or

(da) an investigation, or further investigation, of the act or practice is not warranted having regard to all the circumstances; or

(db) the complainant has not responded, within the period specified by the Commissioner, to a request for information in relation to the complaint; or

(dc) the act or practice is being dealt with by a recognised external dispute resolution scheme; or

(dd) the act or practice would be more effectively or appropriately dealt with by a recognised external dispute resolution scheme; or

(e) the act or practice is the subject of an application under another Commonwealth law, or a State or Territory law, and the subject-matter of the complaint has been, or is being, dealt with adequately under that law; or

(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.

41(1A)    

The Commissioner must not investigate, or investigate further, an act or practice about which a complaint has been made under section 36 if the Commissioner is satisfied that the complainant has withdrawn the complaint.

41(2)    

The Commissioner may decide not to investigate, or not to investigate further, an act or practice about which a complaint has been made under section 36 if the Commissioner is satisfied that the complainant has complained to the respondent about the act or practice and either:

(a) the respondent has dealt, or is dealing, adequately with the complaint; or

(b) the respondent has not yet had an adequate opportunity to deal with the complaint.

41(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.

41(4)    
(Repealed by No 49 of 2004)