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COMPLAINTS TO THE COMMISSIONER

Nari Sahukar, Deputy Director, Policy, Office of the Australian Information Commissioner

Individuals may complain to the Australian Information Commissioner if they believe that their privacy has been interfered with because of a breach of:

  • the Information Privacy Principles (IPPs) (see above);
  • the National Privacy Principles (NPPs) (see above);
  • an approved privacy code, with limited exceptions;
  • the credit reporting provisions in the PA 1988 and Credit Reporting Code of Conduct;
  • the Tax File Number Guidelines;
  • the Pharmaceutical Benefits Scheme and Medicare Program Guidelines; or
  • the Commonwealth Spent Convictions Scheme.

The Commissioner will normally investigate a complaint only after the person has complained to the agency or organisation alleged to have breached the complainant's privacy, and given them adequate opportunity to respond.

Information about whether the Commissioner is likely to be able to handle a complaint can be found at: www.privacy.gov.au/complaints/who/complaintchecker.

Information about the complaint process is available in a range of community languages at: www.privacy.gov.au/complaints/languages.

Most complaints to the Australian Information Commissioner are resolved through negotiation and conciliation between the parties. However, the Commissioner has the power, if the complaint is substantiated, to make a formal Determination, including for payment of compensation. If a Determination is made and the respondent agency or organisation does not comply with its terms, the Commissioner or the complainant may approach the Federal Court or the Federal Magistrates Court to seek enforcement via a new (de novo) hearing.

If the Australian Information Commissioner forms the opinion that a TFN or credit reporting offence may have been committed, the matter will be referred as appropriate to the Commissioner of the Australian Federal Police or the Commonwealth Director of Public Prosecutions for possible criminal investigation.

To contact the OAIC, see: Office of the Australian Information Commissioner, under "Contact details", below.

COMPLAINTS TO THE COMMISSIONER :: Last updated: Thu Jul 1st 2010