Commonwealth Numbered Acts

PRIVACY ACT 1988 No. 119, 1988 - SECT 50

50. (1) In this section:

"Human Rights and Equal Opportunity Commission" includes a person performing
functions of that Commission;

"Merit Protection Act" means the Merit Protection (Australian Government
Employees) Act 1984;

"Merit Protection Agency" means the Merit Protection and Review Agency
established by the Merit Protection Act;

"Ombudsman" means the Commonwealth Ombudsman.

(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 Human Rights and Equal Opportunity Commission under
               Division 3 of Part II of the Human Rights and Equal Opportunity
               Commission Act 1986; or

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

   (b)  an application with respect to that matter has been, or could have
        been, made by the complainant to the Merit Protection Agency under
        section 47 of the Merit Protection Act; and that that matter could be
        more conveniently or effectively dealt with by the
        Human Rights and Equal Opportunity Commission, the Ombudsman, or the
        Merit Protection Agency, as the case may be, 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 Human Rights and Equal Opportunity
        Commission, the Ombudsman or the Merit Protection Agency;

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

   (e)  give to the Human Rights and Equal Opportunity Commission, the
        Ombudsman or the Merit Protection Agency 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 Human Rights and Equal Opportunity Commission under
               Division 3 of Part II of the Human Rights and Equal Opportunity
               Commission Act 1986; or

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

   (b)  an application made to the Merit Protection Agency under section 47 of
        the Merit Protection Act; as the case requires.