Section 35A — Privacy Act 1988: Commissioner may recognise external dispute resolution schemes

(1) The Commissioner may, by written notice, recognise an external dispute resolution scheme: (a) for an entity or a class of entities; or (b) for a specified purpose. (2) In considering whether to recognise an external dispute resolution scheme, the Commissioner must take the following matters into account: (a) the accessibility of the scheme; (b) the independence of the scheme; (c) the fairness of the scheme; (d) the accountability of the scheme; (e) the efficiency of the scheme; (f) the effectiveness of the scheme; (g) any other matter the Commissioner considers relevant. (3) The Commissioner may: (a) specify a period for which the recognition of an external dispute resolution scheme is in force; and (b) make the recognition of an external dispute resolution scheme subject to specified conditions, including conditions relating to the conduct of an independent review of the operation of the scheme; and (c) vary or revoke: (i) the recognition of an external dispute resolution scheme; or (ii) the period for which the recognition is in force; or (iii) a condition to which the recognition is subject. (4) A notice under subsection (1) is not a legislative instrument.