HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 - SECT 46
Resolution of complaint by conciliation
HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 - SECT 46
Resolution of complaint by conciliation
46 Resolution of complaint by conciliation
(1) The Privacy Commissioner may
endeavour to resolve the complaint by conciliation.
(2) The
Privacy Commissioner may by written notice request the complainant and the
respondent to appear before the Privacy Commissioner in conciliation
proceedings.
(3) A person or body must not without reasonable excuse fail to
comply with the terms of a notice under subsection (2).
: Maximum penalty--50
penalty units in the case of a body corporate or 10 penalty units in any other
case.
(4) The parties to any such conciliation proceedings before the
Privacy Commissioner are not entitled to be represented by any other person
except by leave of the Privacy Commissioner.
(5) The procedures for
conciliation are to be determined by the Privacy Commissioner.
(6) Evidence
of anything said or done in the course of conciliation proceedings under this
section is not admissible in subsequent proceedings under this Part relating
to the complaint.
(7) The Privacy Commissioner is to take no further action
after the conclusion of the conciliation proceedings, whether or not the
parties reach any agreement as a result of the proceedings.
