Section 85ZZD — Crimes Act 1914: Determinations of Information Commissioner
Text of the provision Official document
(1) After investigating a complaint, the Information Commissioner may: (a) make a determination dismissing the complaint; or (b) find the complaint substantiated and make a determination that includes one or more of the following: (i) a declaration that the authority or person about whom the complaint was made has engaged in conduct unlawful under this Act and should not repeat or continue that conduct; (ii) a declaration that the respondent should do any reasonable act or carry out any reasonable course of conduct to redress any loss or damage suffered by the complainant; (iii) a declaration that the respondent should employ or re-employ the complainant; (iv) a declaration that the respondent should promote the complainant; (v) a declaration that the complainant is entitled to a specified amount by way of compensation for any loss or damage suffered because of the act or practice about which the complaint was made; (vi) a declaration that the termination of a contract or agreement should be varied to redress any loss or damage suffered by the complainant; (vii) a declaration that it would be inappropriate for any further action to be taken in the matter. (2) The Information Commissioner may require one or both parties to a complaint to attend such counselling as is specified by the Commissioner with a view to settling the matter to which the complaint relates. (3) When making a determination, the Information Commissioner shall state any findings of fact upon which the determination is based. (4) When making a determination, the Information Commissioner may declare that the complainant is entitled to a specified amount to reimburse the complainant for expenses reasonably incurred in connection with the making of the complaint and the investigation of the complaint. (5) In paragraph (1)(b): damage includes humiliation suffered by the complainant or injury to his or her feelings.
Official source: Federal Register of Legislation
Search case law on this topic
See judgments from Australian courts and tribunals with a plain-English summary and legal holding.
Explore case law →