PRIVACY ACT 1988

PART V - INVESTIGATIONS ETC.  

Division 1 - Investigation of complaints and investigations on the Commissioner's initiative  

SECTION 36   COMPLAINTS  

36(1)   [Complaint by individual]  

An individual may complain to the Commissioner about an act or practice that may be an interference with the privacy of the individual.

36(1A) - (1C)  
(Repealed by No 197 of 2012)

36(2)   [Representative complaint]  

In the case of an act or practice that may be an interference with the privacy of 2 or more individuals, any one of those individuals may make a complaint under subsection (1) on behalf of all of the individuals.

36(2A)   [Conditions for representative complaint]  

In the case of a representative complaint, this section has effect subject to section 38.

[ Commissioner ' s Note: Section 16(3) of Law and Justice Legislation Amendment Act 1993 Act No 13 of 1994 provides that amendments made by Act No 13 of 1994 relating to representative complaints do not apply to complaints lodged before the commencement of the amendment.]

36(3)   [Form]  

A complaint shall be in writing.

36(4)   [Assistance to be provided]  

It is the duty of:


(a) members of the staff of the Commissioner; and


(b) members of the staff of the Ombudsman who have had powers of the Commissioner delegated to them under section 99;

to provide appropriate assistance to a person who wishes to make a complaint and requires assistance to formulate the complaint.

36(5)   [Respondent]  

The complaint shall specify the respondent to the complaint.

36(6)   [Agency as respondent]  

In the case of a complaint about an act or practice of an agency:


(a) if the agency is an individual or a body corporate, the agency shall be the respondent; and


(b) if the agency is an unincorporated body, the principal executive of the agency shall be the respondent.

36(7)   [Organisation as respondent]  

In the case of a complaint about an act or practice of an organisation, the organisation is the respondent.

Note:

Sections 98A to 98C contain further rules about how this Part operates in relation to respondent organisations that are not legal persons.

36(8)   [Person engaging in act or practice]  

The respondent to a complaint about an act or practice described in subsection 13(2) , (4) or (5) , other than an act or practice of an agency or organisation, is the person or entity who engaged in the act or practice.




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