PRIVACY ACT 1988 - SECT 50 Reference of matters to other authorities

PRIVACY ACT 1988 - SECT 50

  (1)   In this Act:

"alternative complaint body" means:

  (a)   the Australian Human Rights Commission; or

  (aa)   the National Data Commissioner; or

  (b)   the Ombudsman; or

  (ba)   the eSafety Commissioner; or

  (c)   the Postal Industry Ombudsman; or

  (d)   the Overseas Students Ombudsman; or

  (e)   the Australian Public Service Commissioner; or

  (f)   the Inspector - General of Intelligence and Security; or

  (g)   a recognised external dispute resolution scheme.

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

  (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

  (ia)   to the National Data Commissioner under Part   5.3 of the Data Availability and Transparency Act 2022 ; or

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

  (iia)   to the Ombudsman under a law in force in an external Territory other than the Ombudsman Act 1976 ; 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

  (iva)   to the Inspector - General of Intelligence and Security under the Inspector - General of Intelligence and Security Act 1986 ; or

  (v)   to a recognised external dispute resolution scheme; or

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

and that that matter could be more conveniently or effectively dealt with by the alternative complaint body, 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 alternative complaint body; and

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

  (e)   give to the alternative complaint body 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

  (ia)   to the National Data Commissioner under Part   5.3 of the Data Availability and Transparency Act 2022 ; or

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

  (iia)   to the Ombudsman under the law mentioned in subparagraph   50(2)(a)(iia); 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

  (iva)   to the Inspector - General of Intelligence and Security under the Inspector - General of Intelligence and Security Act 1986 ; or

  (v)   to the recognised external dispute resolution scheme; or

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

as the case requires.