Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 40A

             (1)  This section applies if:

                     (a)  a complaint is made to an adjudicator for an approved privacy code; and

                     (b)  the adjudicator forms the view that the complaint is about an act done or practice engaged in:

                              (i)  by an organisation that is a contracted service provider for a Commonwealth contract; and

                             (ii)  for the purposes of meeting (directly or indirectly) an obligation under the contract.

             (2)  Despite the code, the adjudicator must:

                     (a)  stop investigating the complaint under the code (without making a determination under the code about the complaint); and

                     (b)  refer the complaint to the Commissioner under subsection 40(1B) for investigation under this Part.

             (3)  The Commissioner must accept the complaint under subsection 40(1B).

Note:          This means that the Commissioner must investigate the complaint (subject to section 41) as if the complaint had been made to the Commissioner under section 36. See subsections 40(1B) and (1C).