Section 77 — Privacy Act 2020: Exploring possibility of settlement and assurance without investigating complaint

77 Exploring possibility of settlement and assurance without investigating complaint (1) At any time after receiving a complaint and without commencing an investigation, the Commissioner may decide to use best endeavours to— (a) secure a settlement of the complaint; and (b) if appropriate, secure a satisfactory assurance from the agency whose action is the subject of the complaint that there will not be a repetition of the action that gave rise to the complaint, or of any similar kind of action. (2) If the Commissioner is unable to secure a settlement or a satisfactory assurance, the Commissioner may— (a) decide not to investigate the complaint if the Commissioner— (i) is satisfied of any of the matters set out in section 74 ; or (ii) considers that any further action is unnecessary or inappropriate; or (b) decide to investigate the complaint under subpart 2 . (3) As soon as practicable after making a decision under subsection (2), the Commissioner must notify the complainant of the decision. Compare: 1993 No 28 s 74