The Australian Information Commissioner receives complaints from individuals about breaches of the various privacy provisions. Criminal offences are referred to the Federal Police.
Individuals may complain to the Australian Information Commissioner (“Information Commissioner”) if they believe their privacy has been interfered with and there has been a breach of:
•the Australian Privacy Principles;
•an approved Privacy Code, with limited exceptions;
•the credit reporting provisions in the Privacy Act 1988 (Cth) and the Privacy (Credit Reporting) Code 2014 (Version 1.2);
•the tax file number guidelines;
•the guidelines for the Pharmaceutical Benefits Scheme and the Medicare Benefits Program; or
•the Commonwealth Spent Convictions Scheme.
The Information Commissioner’s website (www.oaic.gov.au) includes information about whether the commissioner is likely to be able to handle a complaint, and information about the complaint process.
If the Information Commissioner forms the opinion that a tax file number or credit reporting offence may have been committed, the matter will be referred to the Commissioner of the Australian Federal Police or the Commonwealth Director of Public Prosecutions for possible criminal investigation.
To contact the Information Commissioner, see “Contacts”.