Commonwealth Numbered Acts

PRIVACY ACT 1988 No. 119, 1988 - SECT 41

41. (1) The Commissioner may decide not to investigate, or not to investigate
further, an act or practice about which a complaint has been made under
section 36 if the Commissioner is satisfied that:

   (a)  the act or practice is not an interference with the privacy of an
        individual;

   (b)  although a complaint has been made to the Commissioner about the act
        or practice, the complainant has not complained to the respondent;

   (c)  the complaint was made more than 12 months after the complainant
        became aware of the act or practice;

   (d)  the complaint is frivolous, vexatious, misconceived or lacking in
        substance;

   (e)  the act or practice is the subject of an application under another
        Commonwealth enactment and the subject-matter of the complaint has
        been, or is being, dealt with adequately under that enactment; or

   (f)  the act or practice could be made the subject of an application under
        another Commonwealth enactment for a more appropriate remedy.

(2) The Commissioner may decide not to investigate, or not to investigate
further, an act or practice about which a complaint has been made under
section 36 if the Commissioner is satisfied that the complainant has
complained to the respondent about the act or practice and either:

   (a)  the respondent has dealt, or is dealing, adequately with the
        complaint; or

   (b)  the respondent has not yet had an adequate opportunity to deal with
        the complaint.

(3) The Commissioner may defer the investigation or further investigation of
an act or practice about which a complaint has been made under section 36 if:

   (a)  an application has been made by the respondent for a determination
        under section 72 in relation to the act or practice; and

   (b)  the Commissioner is satisfied that the interests of persons affected
        by the act or practice would not be unreasonably prejudiced if the
        investigation or further investigation were deferred until the
        application had been disposed of.

(4) Where an act or practice may be an interference with the privacy of an
individual solely because it may breach Information Privacy Principle 7, the
Commissioner shall not investigate the act or practice except to the extent
that it is an interference with the privacy of a person who is, or persons
each of whom is:

   (a)  an Australian citizen; or

   (b)  a person whose continued presence in Australia is not subject to a
        limitation as to time imposed by law.