Privacy Amendment (Enhancing Privacy Protection) Act 2012 (197 of 2012)

Schedule 4   Other amendments of the Privacy Act 1988

97   After section 43

Insert:

43A Interested party may request a hearing

(1) An interested party in relation to an investigation under this Division may, in writing, request that the Commissioner hold a hearing before the Commissioner makes a determination under section 52 in relation to the investigation.

(2) If an interested party makes request under subsection (1), the Commissioner must:

(a) notify any other interested party of the request; and

(b) give all interested parties a reasonable opportunity to make a submission about the request; and

(c) decide whether or not to hold a hearing.

(3) In this section:

interested party in relation to an investigation means:

(a) in the case of an investigation under subsection 40(1) - the complainant or respondent; or

(b) otherwise - the person or entity that engaged in the act or practice that is being investigated.