Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) After investigating a complaint, the Commissioner may:
(a) make a determination dismissing the complaint; or
(b) find the complaint substantiated and make a determination that includes one or more of the following:
(i) a declaration:
(A) where the principal executive of an agency is the respondent--that the agency has engaged in conduct constituting an interference with the privacy of an individual and should not repeat or continue such conduct; or
(B) in any other case--that the respondent has engaged in conduct constituting an interference with the privacy of an individual and should not repeat or continue such conduct;
(ii) a declaration that the respondent should perform any reasonable act or course of conduct to redress any loss or damage suffered by the complainant;
(iii) a declaration that the complainant is entitled to a specified amount by way of compensation for any loss or damage suffered by reason of the act or practice the subject of the complaint;
(iv) a declaration that it would be inappropriate for any further action to be taken in the matter.
(1A) The loss or damage referred to in paragraph (1)(b) includes injury to the complainant's feelings or humiliation suffered by the complainant.
(1B) A determination of the Commissioner under subsection (1) is not binding or conclusive between any of the parties to the determination.
(2) The Commissioner shall, in a determination, state any findings of fact upon which the determination is based.
(3) In a determination under paragraph (1)(a) or (b) (other than a determination made on a representative complaint), the Commissioner may include a declaration that the complainant is entitled to a specified amount to reimburse the complainant for expenses reasonably incurred by the complainant in connection with the making of the complaint and the investigation of the complaint.
(3A) The
Commissioner may include an order mentioned in subsection (3B) in a
determination under subparagraph (1)(b)(i)
or (ii) that concerns a
breach of:
(a) Information Privacy Principle 7; or
(b) National Privacy Principle 6, to the extent that it deals with the correction of personal information; or
(c) a provision of an approved privacy code that corresponds to National Privacy Principle 6, to the extent that it deals with the correction of personal information; or
(d) section 18J.
(3B) A determination may include an order that:
(a) an agency or respondent make an appropriate correction, deletion or addition to a record, or to a credit information file or credit report, as the case may be; or
(b) an agency or respondent attach to a record, or include in a credit information file or credit report, as the case may be, a statement provided by the complainant of a correction, deletion or addition sought by the complainant.
(4) A determination by the Commissioner under subparagraph (1)(b)(iii) on a representative complaint:
(a) may provide for payment of specified amounts or of amounts worked out in a manner specified by the Commissioner; and
(b) if the Commissioner provides for payment in accordance with paragraph (a), must make provision for the payment of the money to the complainants concerned.
(5) If the Commissioner makes a determination under subparagraph (1)(b)(iii) on a representative complaint, the Commissioner may give such directions (if any) as he or she thinks just in relation to:
(a) the manner in which a class member is to establish his or her entitlement to the payment of an amount under the determination; and
(b) the manner for determining any dispute regarding the entitlement of a class member to the payment.
(6) In this section:
"complainant" , in relation to a representative complaint, means the class members.