Section 74 — Privacy Act 2020: Commissioner may decide not to investigate complaint

74 Commissioner may decide not to investigate complaint (1) The Commissioner may decide not to investigate a complaint if, in the Commissioner’s opinion,— (a) the complainant has not made reasonable efforts to resolve the complaint directly with the agency concerned; or (b) there is an alternative dispute resolution process available to resolve the complaint because of the agency’s membership of a particular profession or industry; or (c) there is an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make a complaint to an Ombudsman, that it would be reasonable for the complainant to pursue; or (d) the complaint relates to a matter in respect of which a code of practice has been issued that includes a complaints procedure, and the complainant has not taken reasonable steps to pursue, or fully pursue, the redress available under that procedure; or (e) the aggrieved individual or aggrieved individuals knew about the action that is the subject of the complaint for 12 months or more before the complaint was made; or (f) the time that has elapsed between the date on which the subject of the complaint arose and the date on which the complaint was made is such that an investigation of the complaint is no longer practicable or desirable; or (g) the aggrieved individual or aggrieved individuals do not want the complaint pursued; or (h) the complainant does not have a sufficient personal interest in the subject of the complaint; or (i) the subject of the complaint is trivial; or (j) the complaint is frivolous, vexatious, or not made in good faith. (2) Despite anything in subsection (1), the Commissioner may, in the Commissioner’s discretion, decide not to investigate a complaint if it appears to the Commissioner that, having regard to all the circumstances of the case, an investigation is unnecessary. Compare: 1975 No 9 s 17(1)(f)(i) ; 1993 No 28 s 71(1)