Commonwealth Consolidated Acts

PRIVACY ACT 1988 - SECT 50

             (1)  In this section:

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

"Norfolk Island Public Service Board" means the Public Service Board established under the Public Sector Management Act 2000 of Norfolk Island.

"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

                           (iia)  to the Ombudsman under a particular Norfolk Island enactment; or

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

                            (iv)  to the Overseas Students 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 ; or

                   (ba)  an application with respect to that matter has been, or could have been, made by the complainant to the Norfolk Island Public Service Board under the Public Sector Management Act 2000 of Norfolk Island;

and that that matter could be more conveniently or effectively dealt with by the Australian Human Rights Commission, the Ombudsman, the Postal Industry Ombudsman, the Overseas Students 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, the Overseas Students 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, the Overseas Students 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

                           (iia)  to the Ombudsman under the Norfolk Island enactment concerned; or

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

                            (iv)  to the Overseas Students Ombudsman under the Ombudsman Act 1976 ; or

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

                     (c)  an application made to the Norfolk Island Public Service Board under the Public Sector Management Act 2000 of Norfolk Island;

as the case requires.