CRIMES ACT 1914

PART VIIC - PARDONS, QUASHED CONVICTIONS AND SPENT CONVICTIONS  

Division 5 - Complaints to Information Commissioner  

SECTION 85ZZD   DETERMINATIONS OF INFORMATION COMMISSIONER  

85ZZD(1)  


After investigating a complaint, the Information Commissioner may:


(a) make a determination dismissing the complaint; or


(b) find the complaint substantiated and make a determination that includes one or more of the following:


(i) a declaration that the authority or person about whom the complaint was made has engaged in conduct unlawful under this Act and should not repeat or continue that conduct;

(ii) a declaration that the respondent should do any reasonable act or carry out any reasonable course of conduct to redress any loss or damage suffered by the complainant;

(iii) a declaration that the respondent should employ or re-employ the complainant;

(iv) a declaration that the respondent should promote the complainant;

(v) a declaration that the complainant is entitled to a specified amount by way of compensation for any loss or damage suffered because of the act or practice about which the complaint was made;

(vi) a declaration that the termination of a contract or agreement should be varied to redress any loss or damage suffered by the complainant;

(vii) a declaration that it would be inappropriate for any further action to be taken in the matter.

85ZZD(2)  


The Information Commissioner may require one or both parties to a complaint to attend such counselling as is specified by the Commissioner with a view to settling the matter to which the complaint relates.

85ZZD(3)  


When making a determination, the Information Commissioner shall state any findings of fact upon which the determination is based.

85ZZD(4)  


When making a determination, the Information Commissioner may declare that the complainant is entitled to a specified amount to reimburse the complainant for expenses reasonably incurred in connection with the making of the complaint and the investigation of the complaint.

85ZZD(5)  
In paragraph (1)(b):

"damage"
includes humiliation suffered by the complainant or injury to his or her feelings.




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