The Office of the Australian Information Commissioner (OAIC) is seeking public comment on an exposure draft of three chapters of the Guide to privacy regulatory action (Guide):
- Chapter 2 — Privacy complaint handling process
- Chapter 5 — Determinations
- Chapter 6 — Injunctions
Exposure drafts of the other six chapters of the Guide were released for public comment in November 2014 and are in the process of being finalised.
The Commissioner has a wide range of powers relating to the privacy complaint handling process including to:
• assist a person to formulate and make a complaint
• make preliminary inquiries of any person
• transfer matters to an alternative complaint body in certain circumstances
• attempt to conciliate the complaint
• conduct an investigation into the complaint
• at any stage, not investigate, or cease to investigate or not investigate further, the complaint on various grounds
• require a person to give information or documents, or to attend a compulsory conference
• enter premises to inspect documents
• accept an enforceable undertaking
• make a determination about the complaint – by the Commissioner
• seek to enforce a determination in a court.
After investigating a complaint, the Commissioner may make a determination which either dismisses the complaint or finds that the complaint is substantiated.
Where a person has engaged, is engaging, or is proposing to engage, in any conduct that constituted or would constitute a contravention of the Privacy Act, the Court may grant an injunction:
• restraining a person from engaging in the conduct; and
• if in the Court’s opinion it is desirable to do so, requiring the person to do an act or thing.
