PRIVACY ACT 1988

PART IV - FUNCTIONS OF THE INFORMATION COMMISSIONER  

Division 3 - Reports by Commissioner  

SECTION 30   REPORTS FOLLOWING INVESTIGATION OF ACT OR PRACTICE  

30(1)  
Where the Commissioner has investigated an act or practice without a complaint having been made under section 36 , the Commissioner may report to the Minister about the act or practice, and shall do so:


(a) if so directed by the Minister; or


(b) if the Commissioner:


(i) thinks that the act or practice is an interference with the privacy of an individual; and

(ii) does not consider that it is reasonably possible that the matter that gave rise to the investigation can be conciliated successfully or has attempted to conciliate the matter without success.

30(2)  
Where the Commissioner reports under subsection (1) about an act done in accordance with a practice, the Commissioner shall also report to the Minister about the practice.

30(3)  


Where, after an investigation of an act or practice of an agency, file number recipient, credit reporting body or credit provider that is an interference with the privacy of an individual under subsection 13(1) , (2) or (4) , the Commissioner is required by virtue of paragraph (1)(b) of this section to report to the Minister about the act or practice, the Commissioner:


(a) shall set out in the report his or her findings and the reasons for those findings;


(b) may include in the report any recommendations by the Commissioner for preventing a repetition of the act or a continuation of the practice;


(c) may include in the report any recommendation by the Commissioner for either or both of the following:


(i) the payment of compensation in respect of a person who has suffered loss or damage as a result of the act or practice;

(ii) the taking of other action to remedy or reduce loss or damage suffered by a person as a result of the act or practice;


(d) shall serve a copy of the report on the agency, file number recipient, credit reporting body or credit provider concerned and the Minister (if any) responsible for the agency, recipient, credit reporting body or credit provider; and


(e) may serve a copy of the report on any person affected by the act or practice.

30(4)  


Where, at the end of 60 days after a copy of a report about an act or practice of an agency, file number recipient, credit reporting body or credit provider was served under subsection (3), the Commissioner:


(a) still thinks that the act or practice is an interference with the privacy of an individual; and


(b) is not satisfied that reasonable steps have been taken to prevent a repetition of the act or a continuation of the practice;

the Commissioner shall give to the Minister a further report that:


(c) incorporates the first-mentioned report and any document that the Commissioner has received, in response to the first-mentioned report, from the agency, file number recipient, credit reporting body or credit provider;


(d) states whether, to the knowledge of the Commissioner, any action has been taken as a result of the findings, and recommendations (if any), set out in the first-mentioned report and, if so, the nature of that action; and


(e) states why the Commissioner is not satisfied that reasonable steps have been taken to prevent a repetition of the act or a continuation of the practice;

and shall serve a copy of the report on the Minister (if any) responsible for the agency, recipient, credit reporting body or credit provider.

30(5)  
The Minister shall cause a copy of a report given to the Minister under subsection (4) to be laid before each House of the Parliament within 15 sitting days of that House after the report is received by the Minister.

30(6)  
(Repealed by No 197 of 2012)




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