Privacy Act 1988

PART V - INVESTIGATIONS ETC.  

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

SECTION 38   CONDITIONS FOR MAKING A REPRESENTATIVE COMPLAINT  

38(1)   [Same person, related circumstances, common issues]  

A representative complaint may be lodged under section 36 only if:

(a) the class members have complaints against the same person or entity; and

(b) all the complaints are in respect of, or arise out of, the same, similar or related circumstances; and

(c) all the complaints give rise to a substantial common issue of law or fact.

38(2)   [Class members, nature of complaint]  

A representative complaint made under section 36 must:

(a) describe or otherwise identify the class members; and

(b) specify the nature of the complaints made on behalf of the class members; and

(c) specify the nature of the relief sought; and

(d) specify the questions of law or fact that are common to the complaints of the class members.

In describing or otherwise identifying the class members, it is not necessary to name them or specify how many there are.

38(3)   [Complaint lodged without consent]  

A representative complaint may be lodged without the consent of class members.

[ Commissioner's Note to s 38: Section 16(3) of Law and Justice Legislation Amendment Act 1993 , 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.]