Privacy Act 1988

PART V - INVESTIGATIONS ETC.  

Division 3 - Enforcement of determinations  

[ 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 AND FAMILY COURT OF AUSTRALIA (DIVISION 2) TO ENFORCE A DETERMINATION  

    55A(1)    


    The following persons may commence proceedings in the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) 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    (Repealed by No 197 of 2012)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    (Repealed by No 197 of 2012)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.



     

    Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

    CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

    The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.