Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 41

             (1)  The Commissioner may decide not to investigate, or not to investigate further, an act or practice about which a complaint has been made under section 36, or which the Commissioner has accepted under subsection 40(1B), if the Commissioner is satisfied that:

                     (a)  the act or practice is not an interference with the privacy of an individual;

                     (c)  the complaint was made more than 12 months after the complainant became aware of the act or practice;

                     (d)  the complaint is frivolous, vexatious, misconceived or lacking in substance;

                     (e)  the act or practice is the subject of an application under another Commonwealth law, or a State or Territory law, and the subject‑matter of the complaint has been, or is being, dealt with adequately under that law; or

                      (f)  another Commonwealth law, or a State or Territory law, provides a more appropriate remedy for the act or practice that is the subject of the complaint.

             (2)  The Commissioner may decide not to investigate, or not to investigate further, an act or practice about which a complaint has been made under section 36, or accepted by the Commissioner under subsection 40(1B), if the Commissioner is satisfied that the complainant has complained to the respondent about the act or practice and either:

                     (a)  the respondent has dealt, or is dealing, adequately with the complaint; or

                     (b)  the respondent has not yet had an adequate opportunity to deal with the complaint.

             (3)  The Commissioner may defer the investigation or further investigation of an act or practice about which a complaint has been made under section 36, or accepted by the Commissioner under subsection 40(1B), if:

                     (a)  an application has been made by the respondent for a determination under section 72 in relation to the act or practice; and

                     (b)  the Commissioner is satisfied that the interests of persons affected by the act or practice would not be unreasonably prejudiced if the investigation or further investigation were deferred until the application had been disposed of.