New South Wales Consolidated Acts

HEALTH RECORDS AND INFORMATION PRIVACY ACT 2002 - SECT 48

48 Application to Tribunal

(1) A person who has made a complaint to the Privacy Commissioner under Division 1 may apply to the Tribunal for an inquiry into the complaint, but only if the complaint was the subject of a report of the Privacy Commissioner under section 47.

Note: This section confers jurisdiction on the Tribunal to make an original decision. It does not confer jurisdiction to review a decision of the Privacy Commissioner.

(2) An application may only be made within 28 days after:

(a) the day on which the complainant received the report of the Privacy Commissioner, or

(b) the day (if any) recommended in the report of the Privacy Commissioner as the day after which an application may be made to the Tribunal,

whichever is later.

(3) However, a person cannot apply to the Tribunal if the person has made a complaint about the same subject matter to the Commonwealth Privacy Commissioner, or to an adjudicator under an approved privacy code within the meaning of the Privacy Act 1988 of the Commonwealth, and:

(a) the complaint has not been withdrawn, or

(b) the Commonwealth Privacy Commissioner has made a determination under section 52 of that Act, or

(c) the adjudicator has made a determination under a provision of the approved privacy code that corresponds to section 52 of that Act.