Section 38 — Privacy Act 1988: Conditions for making a representative complaint

(1) 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. (2) 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. (3) A representative complaint may be lodged without the consent of class members.