Commonwealth Consolidated Acts

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PRIVACY ACT 1988 - SECT 63

Legal assistance

             (1)  If:

                     (a)  the Commissioner has dismissed a file number complaint; and

                     (b)  the respondent to the complaint is not an agency or the principal executive of an agency;

the respondent may apply to the Attorney-General for assistance under this section.

             (2)  A person who:

                     (a)  has commenced or proposes to commence proceedings in the Federal Court or the Federal Circuit Court under section 55; or

                     (b)  has engaged in conduct or is alleged to have engaged in conduct in respect of which proceedings have been commenced in the Federal Court or the Federal Circuit Court under section 55;

may apply to the Attorney-General for the provision of assistance under this section in respect of the proceedings.

          (2A)  Subsection (2) does not permit an application relating to proceedings under section 55A to enforce a determination relating to a code complaint or an APP complaint.

             (3)  If the Attorney-General is satisfied that in all the circumstances it is reasonable to grant an application made under this section, he or she may authorise the provision by the Commonwealth to the applicant of:

                     (a)  in the case of an application under subsection (1)--such financial assistance in connection with the investigation of the complaint as the Attorney-General determines; or

                     (b)  in the case of an application under subsection (2)--such legal or financial assistance in respect of the proceeding as the Attorney-General determines.

             (4)  An authorisation under subsection (3) may be made subject to such conditions (if any) as the Attorney-General determines.

             (5)  In considering an application made under this section, the Attorney-General must have regard to any hardship to the applicant that refusal of the application would involve.



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