Privacy Act 1988

PART V - INVESTIGATIONS ETC.  

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

SECTION 50   REFERENCE OF MATTERS TO OTHER AUTHORITIES  

50(1)    

In this Act:

alternative complaint body
means:

(a) the Australian Human Rights Commission; or

(aa) the National Data Commissioner; or

(b) the Ombudsman; or

(ba) the eSafety Commissioner; or

(c) the Postal Industry Ombudsman; or

(d) the Overseas Students Ombudsman; or

(e) the Australian Public Service Commissioner; or

(f) the Inspector-General of Intelligence and Security; or

(g) a recognised external dispute resolution scheme.

Australian Human Rights Commission
includes a person performing functions of that Commission.

Human Rights and Equal Opportunity Commission
(Repealed by No 70 of 2009)

Merit Protection Act
(Repealed by No 146 of 1999)

Merit Protection Agency
(Repealed by No 146 of 1999)

Norfolk Island Public Service Board
(Repealed by No 59 of 2015)

Ombudsman
(Repealed by No 83 of 2022, s 3 and Sch 1 item 28, effective 13 December 2022.)

50(2)    

Where, before the Commissioner commences, or after the Commissioner has commenced, to investigate a matter to which a complaint relates, the Commissioner forms the opinion that:

(a)    

a complaint relating to that matter has been, or could have been, made by the complainant:

(i) to the Australian Human Rights Commission under Division 3 of Part II of the Australian Human Rights Commission Act 1986 ; or

(ia) to the National Data Commissioner under Part 5.3 of the Data Availability and Transparency Act 2022 ; or

(ii) to the Ombudsman under the Ombudsman Act 1976 ; or

(iia) to the Ombudsman under a law in force in an external Territory other than the Ombudsman Act 1976 ; or

(iii) to the Postal Industry Ombudsman under the Ombudsman Act 1976 ; or

(iv) to the Overseas Students Ombudsman under the Ombudsman Act 1976 ; or

(iva) to the Inspector-General of Intelligence and Security under the Inspector-General of Intelligence and Security Act 1986 ; or

(v) to a recognised external dispute resolution scheme; or

(b)    

an application with respect to that matter has been, or could have been, made by the complainant to the Australian Public Service Commissioner under the Public Service Act 1999 ;

(ba) (Repealed by No 59 of 2015)

and that that matter could be more conveniently or effectively dealt with by the alternative complaint body, the Commissioner may decide not to investigate the matter, or not to investigate the matter further, as the case may be, and, if the Commissioner so decides, he or she shall:

(c)    

transfer the complaint to the alternative complaint body; and

(d)    give notice in writing to the complainant stating that the complaint has been so transferred; and

(e)    

give to the alternative complaint body any information or documents that relate to the complaint and are in the possession, or under the control, of the Commissioner.

50(3)    
A complaint transferred under subsection (2) shall be taken to be:

(a)    

a complaint made:

(i) to the Australian Human Rights Commission under Division 3 of Part II of the Australian Human Rights Commission Act 1986 ; or

(ia) to the National Data Commissioner under Part 5.3 of the Data Availability and Transparency Act 2022 ; or

(ii) to the Ombudsman under the Ombudsman Act 1976 ; or

(iia) to the Ombudsman under the law mentioned in subparagraph 50(2)(a)(iia) ; or

(iii) to the Postal Industry Ombudsman under the Ombudsman Act 1976 ; or

(iv) to the Overseas Students Ombudsman under the Ombudsman Act 1976 ; or

(iva) to the Inspector-General of Intelligence and Security under the Inspector-General of Intelligence and Security Act 1986 ; or

(v) to the recognised external dispute resolution scheme; or

(b)    

an application made to the Australian Public Service Commissioner under the Public Service Act 1999 ;

(c) (Repealed by No 59 of 2015)

as the case requires.