Privacy Act 1988

Sections and provisions with full text and the judgments that cite each one.

Section 33E — Inquiries by Commissioner

Minister may give direction or approval for public inquiry (1) The Minister may, in writing, direct the Commissioner to conduct, or approve the Commissioner conducting, a public inquiry into a…

Section 33F — Commissioner may invite submissions

The Commissioner may invite submissions on matters that are the subject of a public inquiry. Note: Under subsection 33E(6), the Commissioner may require submissions to be in writing.

Section 33G — Commissioner not bound by the rules of evidence

The Commissioner is not bound by the rules of evidence and may inform themselves on any matter in such manner as the Commissioner thinks fit.

Section 33H — Commissioner’s powers

Sections 44 (power to obtain information or documents) and 45 (power to examine witnesses) apply for the purposes of a public inquiry in the same way as those provisions apply to an investigation…

Section 33J — Reporting on public inquiries

Commissioner to report on public inquiries (1) After completing a public inquiry, the Commissioner must prepare a written report on the inquiry and give the report to the Minister. Requirement to…

Section 34 — Provisions relating to documents exempt under the Freedom of Information Act 1982

(1) The Commissioner shall not, in connection with the performance of the Commissioner’s functions, give to a person information as to the existence or non-existence of a document where information…

Section 35 — Direction where refusal or failure to amend exempt document

(1) Where: (a) an application made under subsection 55(1) of the Freedom of Information Act 1982 for review of a decision under that Act refusing access to a document has been finally determined or…

Section 35A — 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…

Section 36 — Complaints

(1) An individual may complain to the Commissioner about an act or practice that may be an interference with the privacy of the individual. (2) In the case of an act or practice that may be an…

Section 36A — Guide to this Part

In general, this Part deals with complaints and investigations about acts or practices that may be an interference with the privacy of an individual. An individual may complain to the Commissioner…

Section 36B — Complaints relating to the data sharing scheme

(1) If a complaint relates to the data sharing scheme within the meaning of the Data Availability and Transparency Act 2022, the Commissioner may share information and documents about the complaint…

Section 37 — Principal executive of agency

The principal executive of an agency of a kind specified in column 1 of an item in the following table is the person specified in column 2 of the item: Item Column 1 Agency Column 2 Principal…

Section 38 — 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…

Section 38A — Commissioner may determine that a complaint is not to continue as a representative complaint

(1) The Commissioner may, on application by the respondent or on his or her own initiative, determine that a complaint should no longer continue as a representative complaint. (2) The Commissioner…

Section 38B — Additional rules applying to the determination of representative complaints

(1) The Commissioner may, on application by a class member, replace the complainant with another class member, where it appears to the Commissioner that the complainant is not able adequately to…

Section 38C — Amendment of representative complaints

If the Commissioner is satisfied that a complaint could be dealt with as a representative complaint if the class of persons on whose behalf the complaint is lodged is increased, reduced or otherwise…

Section 39 — Class member for representative complaint not entitled to lodge individual complaint

A person who is a class member for a representative complaint is not entitled to lodge a complaint in respect of the same subject matter.

Section 40 — Investigations

(1) Subject to subsection (1A), the Commissioner shall investigate an act or practice if: (a) the act or practice may be an interference with the privacy of an individual; and (b) a complaint about…

Section 40A — Conciliation of complaints

(1) If: (a) a complaint about an act or practice is made under section 36; and (b) the Commissioner considers it is reasonably possible that the complaint may be conciliated successfully; the…

Section 41 — Commissioner may or must decide not to investigate etc. in certain circumstances

(1) The Commissioner may decide not to investigate, or not to investigate further, an act or practice about which a complaint has been made under section 36 if the Commissioner is satisfied that: (a)…

Section 42 — Preliminary inquiries

(1) Where a complaint has been made to the Commissioner, the Commissioner may, for the purpose of determining: (a) whether the Commissioner has power to investigate the matter to which the complaint…

Section 43 — Conduct of investigations

(1) Before commencing an investigation of a matter to which a complaint relates, the Commissioner shall inform the respondent that the matter is to be investigated. (1AA) Before commencing an…

Section 43A — Interested party may request a hearing

(1) An interested party in relation to an investigation under this Division may, in writing, request that the Commissioner hold a hearing before the Commissioner makes a determination under section…

Section 44 — Power to obtain information and documents

(1) If the Commissioner has reason to believe that a person has information or a document relevant to an investigation under this Division, the Commissioner may give to the person a written notice…

Section 45 — Power to examine witnesses

(1) The Commissioner may administer an oath or affirmation to a person required under section 44 to attend before the Commissioner and may examine such a person on oath or affirmation. (2) The oath…

Section 46 — Directions to persons to attend compulsory conference

(1) For the purposes of performing the Commissioner’s functions in relation to a complaint, the Commissioner may, by written notice, direct: (a) the complainant; (b) the respondent; and (c) any other…

Section 47 — Conduct of compulsory conference

(1) The Commissioner may require a person attending a conference under this Division to produce a document. Note: For a failure to give information etc., see section 66. (2) A conference under this…

Section 48 — Complainant and certain other persons to be informed of various matters

(1) Where the Commissioner decides not to investigate, or not to investigate further, a matter to which a complaint relates, the Commissioner shall, as soon as practicable and in such manner as the…

Section 49 — Investigation under section 40 to cease if certain offences may have been committed

(1) Where, in the course of an investigation under section 40, the Commissioner forms the opinion that a tax file number offence, a healthcare identifier offence, an AML/CTF verification offence or a…

Section 49A — Investigation under section 40 to cease if civil penalty provision under Personal Property Securities Act 2009 may have been contravened

(1) If, in the course of an investigation under section 40, the Commissioner forms the opinion that subsection 172(3) of the Personal Property Securities Act 2009 (civil penalty for searching…

Section 49B — Transfer of complaints from the Inspector-General of Intelligence and Security

An individual is taken to have complained to the Information Commissioner under subsection 36(1) in respect of action taken by ACC, the Australian Federal Police, AUSTRAC or the Department of Home…

Section 50 — Reference of matters to other authorities

(1) In this Act: alternative complaint body means: (a) the Australian Human Rights Commission; or (aa) the National Data Commissioner; or (b) the Ombudsman; or (ba) the eSafety Commissioner; or (c)…

Section 50A — Substitution of respondent to complaint

(1) This section lets the Commissioner substitute an agency for an organisation as respondent to a complaint if: (a) the organisation is a contracted service provider for a Commonwealth contract to…

Section 51 — Effect of investigation by Auditor-General

Where the Commissioner becomes aware that a matter being investigated by the Commissioner is, or is related to, a matter that is under investigation by the Auditor-General, the Commissioner shall…

Section 52 — Determination of the Commissioner

(1) After investigating a complaint, the Commissioner may: (a) make a determination dismissing the complaint; or (b) find the complaint substantiated and make a determination that includes one or…

Section 52A — Determination—requirement to notify conduct constituting interference with privacy of individual

(1) If a determination under section 52 includes a declaration mentioned in subparagraph 52(1)(b)(iia) or paragraph 52(1A)(ba), the respondent must, within 14 days after receiving the determination…

Section 53 — Determination must identify the class members who are to be affected by the determination

A determination under section 52 on a representative complaint must describe or otherwise identify those of the class members who are to be affected by the determination.

Section 53A — Notice to be given to outsourcing agency

(1) If the Commissioner makes a determination that applies in relation to a contracted service provider for a Commonwealth contract, the Commissioner: (a) must give a copy of the determination to…

Section 53B — Substituting an agency for a contracted service provider

(1) This section applies if: (a) a determination under section 52 applies in relation to a contracted service provider for a Commonwealth contract; and (b) the determination includes: (i) a…

Section 54 — Application of Division

(1) This Division applies to a determination made under section 52 after the commencement of this Division, except where the determination applies in relation to an agency or the principal executive…

Section 55 — Obligations of organisations and small business operators

If the determination applies in relation to an organisation or small business operator, the organisation or operator: (a) must not repeat or continue conduct that is covered by a declaration included…

Section 55A — Proceedings in the Federal Court or Federal Circuit and Family Court of Australia (Division 2) to enforce a determination

(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…