PRIVACY ACT 1988

PART IIIA - CREDIT REPORTING  

Division 5 - Complaints  

SECTION 23C   NOTIFICATION REQUIREMENTS RELATING TO CORRECTION COMPLAINTS  

23C(1)  
This section applies if an individual makes a complaint under section 23A about an act or practice that may breach section 20S or 21U (which deal with the correction of personal information by credit reporting bodies and credit providers). Notification of complaint etc.

23C(2)  
If:


(a) the respondent for the complaint is a credit reporting body; and


(b) the complaint relates to credit information or credit eligibility information that a credit provider holds;
the respondent must, in writing:


(c) notify the provider of the making of the complaint as soon as practicable after it is made; and


(d) notify the provider of the making of a decision about the complaint under subsection 23B(4) as soon as practicable after it is made.

23C(3)  
If:


(a) the respondent for the complaint is a credit provider; and


(b) the complaint relates to:


(i) credit reporting information that a credit reporting body holds; or

(ii) credit information or credit eligibility information that another credit provider holds;
the respondent must, in writing:


(c) notify the body or other provider (as the case may be) of the making of the complaint as soon as practicable after it is made; and


(d) notify the body or other provider (as the case may be) of the making of a decision about the complaint under subsection 23B(4) as soon as practicable after it is made. Notification of recipients of disclosed information

23C(4)  
If:


(a) a credit reporting body discloses credit reporting information to which the complaint relates under Division 2 of this Part; and


(b) at the time of the disclosure, a decision about the complaint under subsection 23B(4) has not been made;

the body must, at that time, notify in writing the recipient of the information of the complaint.

23C(5)  
If:


(a) a credit provider discloses personal information to which the complaint relates under Division 3 of this Part or under the Australian Privacy Principles; and


(b) at the time of the disclosure, a decision about the complaint under subsection 23B(4) has not been made;

the provider must, at that time, notify in writing the recipient of the information of the complaint.

Exceptions

23C(6)  
Subsection (2), (3), (4) or (5) does not apply if:


(a) it is impracticable for the credit reporting body or credit provider to give the notification under that subsection; or


(b) the credit reporting body or credit provider is required by or under an Australian law, or a court/tribunal order, not to give the notification under that subsection.




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