Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 50

             (1)  In this section:

"Australian Human Rights Commission" includes a person performing functions of that Commission.

"Ombudsman" means the Commonwealth Ombudsman.

             (2)  Where, before the Commissioner commences, or after the Commissioner has commenced, to investigate a matter to which a complaint relates, the Commissioner forms the opinion that:

                     (a)  a complaint relating to that matter has been, or could have been, made by the complainant:

                              (i)  to the Australian Human Rights Commission under Division 3 of Part II of the Australian Human Rights Commission Act 1986 ; or

                             (ii)  to the Ombudsman under the Ombudsman Act 1976 ; or

                            (iii)  to the Postal Industry Ombudsman under the Ombudsman Act 1976 ; or

                     (b)  an application with respect to that matter has been, or could have been, made by the complainant to the Public Service Commissioner under the Public Service Act 1999 ;

and that that matter could be more conveniently or effectively dealt with by the Australian Human Rights Commission, the Ombudsman, the Postal Industry Ombudsman or the Public Service Commissioner, as the case may be, the Commissioner may decide not to investigate the matter, or not to investigate the matter further, as the case may be, and, if the Commissioner so decides, he or she shall:

                     (c)  transfer the complaint to the Australian Human Rights Commission, the Ombudsman, the Postal Industry Ombudsman or the Public Service Commissioner; and

                     (d)  give notice in writing to the complainant stating that the complaint has been so transferred; and

                     (e)  give to the Australian Human Rights Commission, the Ombudsman, the Postal Industry Ombudsman or the Public Service Commissioner any information or documents that relate to the complaint and are in the possession, or under the control, of the Commissioner.

             (3)  A complaint transferred under subsection (2) shall be taken to be:

                     (a)  a complaint made:

                              (i)  to the Australian Human Rights Commission under Division 3 of Part II of the Australian Human Rights Commission Act 1986 ; or

                             (ii)  to the Ombudsman under the Ombudsman Act 1976 ; or

                            (iii)  to the Postal Industry Ombudsman under the Ombudsman Act 1976 ; or

                     (b)  an application made to the Public Service Commissioner under the Public Service Act 1999 ;

as the case requires.