Privacy and Other Legislation Amendment Act 2024 (128 of 2024)
Schedule 1 Privacy reforms
Part 10 Commissioner to conduct public inquiries
Privacy Act 1988
63 After Division 3A of Part IV
Insert:
Division 3B - Public inquiries
33E Inquiries by Commissioner
Minister may give direction or approval for public inquiry
(1) The Minister may, in writing, direct the Commissioner to conduct, or approve the Commissioner conducting, a public inquiry into a specified matter or specified matters relating to privacy.
(2) The direction or approval must specify:
(a) the acts or practices in relation to which the inquiry is to be held; and
(b) the types of personal information in relation to which the inquiry is to be held.
(3) The direction or approval may also specify any one or more of the following:
(a) the date by which the inquiry is to be completed;
(b) any directions in relation to the manner in which the inquiry is to be conducted;
(c) one or more APP entities that are to be the subject of the inquiry;
(d) one or more classes of APP entities that are to be the subject of the inquiry;
(e) any matters to be taken into consideration in the inquiry.
(4) The Minister may vary a direction or approval.
Conduct of inquiry
(5) The Commissioner must conduct a public inquiry in accordance with a direction or approval given under subsection (1).
(6) Subject to any directions given by the Minister in accordance with paragraph (3)(b), the Commissioner mayconduct the inquiry in such manner as the Commissioner thinks fit.
Status of inquiries, directions and approvals
(7) To avoid doubt, an inquiry does not constitute an investigation under section 40 nor a preliminary inquiry under section 42.
(8) A direction or approval given under subsection (1) is not a legislative instrument.
33F Commissioner may invite submissions
The Commissioner may invite submissions on matters that are the subject of a public inquiry.
Note: Under subsection 33E(6), the Commissioner may require submissions to be in writing.
33G Commissioner not bound by the rules of evidence
The Commissioner is not bound by the rules of evidence and may inform themselves on any matter in such manner as the Commissioner thinks fit.
33H Commissioner's powers
Sections 44 (power to obtain information or documents) and 45 (power to examine witnesses) apply for the purposes of a public inquiry in the same way as those provisions apply to an investigation under Part V.
Note 1: Other provisions may apply on their own terms, such as section 33B (Commissioner may disclose certain information if in the public interest etc.).
33J Reporting on public inquiries
Commissioner to report on public inquiries
(1) After completing a public inquiry, the Commissioner must prepare a written report on the inquiry and give the report to the Minister.
Requirement to give report to APP entity
(2) If a direction or approval specifies one or more entities under paragraph 33E(3)(c), the Commissioner must give the entities a copy of the report on the day the Commissioner gives the report to the Minister under subsection (1) of this section.
Contents of report
(3) The report may include findings and recommendations in relation to any matter included in the report.
(4) The report must not:
(a) make any finding or recommendation that a specific act or practice is an interference with the privacy of an individual; or
(b) include any matter which the Commissioner thinks it is desirable to exclude under section 33.
Note: For paragraph (a), the report may include previously made findings or recommendations that specific acts or practices interfere with the privacy of individuals.
Making report public
(5) The Minister must table a copy of the report before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.
(6) Unless the Minister otherwise directs, the Commissioner must make the report publicly available.
Note: The Commissioner may, under section 33B, publish other information relating to the inquiry if it is in the public interest to do so.