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 60   COMPENSATION AND EXPENSES  

    60(1)  


    If a determination to which this Division applies includes a declaration of the kind referred to in subparagraph 52(1)(b)(iii) , paragraph 52(1A)(d) or subsection 52(3) , the complainant or individual is entitled to be paid the amount specified in the declaration.

    60(2)  


    lf the determination applies in relation to an agency that has the capacity to sue and be sued, the amount is recoverable as a debt due by the agency to the complainant or individual. In any other case, the amount is recoverable as a debt due by the Commonwealth to the complainant or individual.

    60(2B)   [Reference to Commonwealth]  

    If a determination relates to a Norfolk Island agency, the reference in subsection (2) to the Commonwealth is to be read as a reference to Norfolk Island.

    60(3)   [ " complainant " ]  

    In this section:

    complainant
    , in relation to a representative complaint, means a class member.




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