PRIVACY ACT 1988 - SECT 36 Complaints

PRIVACY ACT 1988 - SECT 36

  (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 interference with the privacy of 2 or more individuals, any one of those individuals may make a complaint under subsection   (1) on behalf of all of the individuals.

  (2A)   In the case of a representative complaint, this section has effect subject to section   38.

  (3)   A complaint shall be in writing.

  (4)   It is the duty of members of the staff of the Commissioner to provide appropriate assistance to a person who:

  (a)   wishes to make a complaint; and

  (b)   requires assistance to formulate the complaint.

  (5)   The complaint shall specify the respondent to the complaint.

  (6)   In the case of a complaint about an act or practice of an agency:

  (a)   if the agency is an individual or a body corporate, the agency shall be the respondent; and

  (b)   if the agency is an unincorporated body, the principal executive of the agency shall be the respondent.

  (7)   In the case of a complaint about an act or practice of an organisation, the organisation is the respondent.

Note:   Sections   98A to 98C contain further rules about how this Part operates in relation to respondent organisations that are not legal persons.

  (8)   The respondent to a complaint about an act or practice described in subsection   13(2), (4) or (5), other than an act or practice of an agency or organisation, is the person or entity who engaged in the act or practice.