Commonwealth Numbered Acts

PRIVACY ACT 1988 No. 119, 1988 - SECT 30

30. (1) Where the Commissioner has investigated an act or practice without a
complaint having been made under section 36, the Commissioner may report to
the Minister about the act or practice, and shall do so:

   (a)  if so directed by the Minister; or

   (b)  if the Commissioner:

        (i)    thinks that the act or practice is an interference with the
               privacy of an individual; and

        (ii)   has not considered it appropriate to endeavour to effect a
               settlement of the matters that gave rise to the investigation
               or has endeavoured without success to effect such a settlement.

(2) Where the Commissioner reports under subsection (1) about an act done in
accordance with a practice, the Commissioner shall also report to the Minister
about the practice.

(3) Where, after an investigation under paragraph 27 (1) (a) or 28 (1) (b) or
(c) of an act or practice of an agency or file number recipient, the
Commissioner is required by virtue of paragraph (1) (b) of this section to
report to the Minister about the act or practice, the Commissioner:

   (a)  shall set out in the report his or her findings and the reasons for
        those findings;

   (b)  may include in the report any recommendations by the Commissioner for
        preventing a repetition of the act or a continuation of the practice;

   (c)  may include in the report any recommendation by the Commissioner for
        either or both of the following:

        (i)    the payment of compensation in respect of a person who has
               suffered loss or damage as a result of the act or practice;

        (ii)   the taking of other action to remedy or reduce loss or damage
               suffered by a person as a result of the act or practice;

   (d)  shall serve a copy of the report on the agency or file number
        recipient concerned and the Minister (if any) responsible for the
        agency or recipient; and (e) may serve a copy of the report on any
        person affected by the act or practice.

(4) Where, at the end of 60 days after a copy of a report about an act or
practice of an agency or file number recipient was served under subsection
(3), the Commissioner:

   (a)  still thinks that the act or practice is an interference with the
        privacy of an individual; and

   (b)  is not satisfied that reasonable steps have been taken to prevent a
        repetition of the act or a continuation of the practice; the
        Commissioner shall give to the Minister a further report that:

   (c)  incorporates the first-mentioned report and any document that the
        Commissioner has received, in response to the first-mentioned report,
        from the agency or file number recipient;

   (d)  states whether, to the knowledge of the Commissioner, any action has
        been taken as a result of the findings, and recommendations (if any),
        set out in the first-mentioned report and, if so, the nature of that
        action; and

   (e)  states why the Commissioner is not satisfied that reasonable steps
        have been taken to prevent a repetition of the act or a continuation
        of the practice; and shall serve a copy of the report on the Minister
        (if any) responsible for the agency or recipient.

(5) The Minister shall cause a copy of a report given to the Minister under
subsection (4) to be laid before each House of the Parliament within 15
sitting days of that House after the report is received by the Minister.