PRIVACY ACT 1988

PART V - INVESTIGATIONS ETC.  

Division 4 - Review and enforcement of determinations involving Commonwealth agencies  

[ Commissioner's Note: Section 16(2) of the 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 review and enforcement of determinations involving Commonwealth agencies 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 59   59   OBLIGATIONS OF PRINCIPAL EXECUTIVE OF AGENCY  


    If this Division applies to a determination and the determination applies in relation to the principal executive of an agency, the principal executive must take all such steps as are reasonably within his or her power to ensure:


    (a) that the terms of the determination are brought to the notice of all members, officers and employees of the agency whose duties are such that they may engage in conduct of the kind to which the determination relates; and


    (b) that no member, officer or employee of the agency repeats or continues conduct that is covered by a declaration included in the determination under subparagraph 52(1)(b)(i) or paragraph 52(1A)(a) ; and


    (ba) that the steps specified in a declaration included in the determination under subparagraph 52(1)(b)(ia) or paragraph 52(1A)(b) are taken within the specified period; and


    (c) the performance of any act or course of conduct that is covered by a declaration included in the determination under subparagraph 52(1)(b)(ii) or paragraph 52(1A)(c).




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