Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 36

             (1)  Subject to subsection (1A), an individual may complain to the Privacy Commissioner about an act or practice that may be an interference with the privacy of the individual.

          (1A)  Subsection (1) does not apply to a complaint by an individual about an act or practice of an organisation that is bound by an approved privacy code that:

                     (a)  contains a procedure for making and dealing with complaints to an adjudicator in relation to acts or practices that may be an interference with the privacy of an individual; and

                     (b)  is relevant to the act or practice complained of.

          (1B)  Subsection (1A) does not prevent an individual from making a complaint under an approved privacy code to the adjudicator for the code if the adjudicator is the Commissioner.

          (1C)  Subsection (1A) does not prevent an individual from complaining under this Part to the Commissioner about an act done, or practice engaged in, by an organisation purportedly for the purpose of meeting (directly or indirectly) an obligation under a Commonwealth contract (whether or not the organisation is a party to the contract).

Note:          Section 40A requires an adjudicator for an approved privacy code to refer a code complaint to the Commissioner if the complaint is about an act or practice of a contracted service provider for a Commonwealth contract.

             (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:

                     (a)  members of the staff of the Commissioner; and

                     (b)  members of the staff of the Ombudsman who have had powers of the Commissioner delegated to them under section 99;

to provide appropriate assistance to a person who wishes to make a complaint and 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:          Section 70A contains 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 one of paragraphs 13(b) to (d) (inclusive), other than an act or practice of an agency or organisation, is the person who engaged in the act or practice.