PRIVACY ACT 1988

PART V - INVESTIGATIONS ETC.  

Division 3 - Enforcement  

[ Commissioner's Note: Section 16(1) of Law and Justice Legislation Amendment Act 1993 Act No 13 of 1994 provides that an amendment made by Act No 13 of 1994 relating to the enforcement of determinations as if they were orders of the Federal Court does not apply to:

  • - a determination made before the commencement of the amendment; or
  • - a determination made after the commencement of the amendment in respect of a representative complaint lodged before the commencement of the amendment.]
  • SECTION 55A   PROCEEDINGS IN THE FEDERAL COURT OR FEDERAL CIRCUIT COURT TO ENFORCE A DETERMINATION  

    55A(1)  


    The following persons may commence proceedings in the Federal Court or the Federal Circuit Court for an order to enforce a determination:


    (a) if the determination was made under subsection 52(1) - the complainant;


    (b) the Commissioner.


    (c) (Repealed by No 197 of 2012)

    55A(2)  


    If the court is satisfied that the person or entity in relation to which the determination applies has engaged in conduct that constitutes an interference with the privacy of an individual, the court may make such orders (including a declaration of right) as it thinks fit.

    55A(3)  
    The court may, if it thinks fit, grant an interim injunction pending the determination of the proceedings.

    55A(4)  
    The court is not to require a person, as a condition of granting an interim injunction, to give an undertaking as to damages.

    55A(5)  


    The court is to deal by way of a hearing de novo with the question whether the person or entity in relation to which the determination applies has engaged in conduct that constitutes an interference with the privacy of an individual.

    55A(6)  
    Despite subsection (5), the court may receive any of the following as evidence in proceedings about a determination made by the Commissioner under section 52:


    (a) a copy of the Commissioner's written reasons for the determination;


    (b) a copy of any document that was before the Commissioner;


    (c) a copy of a record (including any tape recording) of any hearing before the Commissioner (including any oral submissions made).

    55A(7)  
    (Repealed by No 197 of 2012)

    55A(7A)  


    In conducting a hearing and making an order under this section, the court is to have due regard to the objects of this Act.

    55A(8)  
    In this section:

    complainant
    , in relation to a representative complaint, means any of the class members.




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