PRIVACY ACT 1988

PART V - INVESTIGATIONS ETC.  

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

SECTION 38B   ADDITIONAL RULES APPLYING TO THE DETERMINATION OF REPRESENTATIVE COMPLAINTS  

38B(1)   [Replacement of complainant]  

The Commissioner may, on application by a class member, replace the complainant with another class member, where it appears to the Commissioner that the complainant is not able adequately to represent the interests of the class members.

38B(2)  


A class member may, by notice in writing to the Commissioner, withdraw from a representative complaint:


(a) if the complaint was lodged without the consent of the member - at any time; or


(b) otherwise - at any time before the Commissioner begins to hold an inquiry into the complaint.

Note:

If a class member withdraws from a representative complaint that relates to a matter, the former member may make a complaint under section 36 that relates to the matter.

38B(3)   [Notice to class members]  

The Commissioner may at any stage direct that notice of any matter be given to a class member or class members.

[ 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.]




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