PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 53
Internal review by public sector agencies
PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 53
Internal review by public sector agencies
53 Internal review by public sector agencies
(1) A person (
"the applicant" ) who is aggrieved by the conduct of a public sector agency is
entitled to a review of that conduct.
(1A) There is no entitlement under this
section to the review of the conduct of a Minister (or a Minister's personal
staff) in respect of a contravention of section 15 (Alteration of
personal information).
Note : Any such conduct can still be administratively
reviewed by the Tribunal. See section 55 (1A).
(c) specify an address in Australia to
which a notice under subsection (8) may be sent, and
(d) be lodged at an
office of the public sector agency within 6 months (or such later date as the
agency may allow) from the time the applicant first became aware of the
conduct the subject of the application, and
(e) comply with such other
requirements as may be prescribed by the regulations.
(4) Except as provided
by section 54 (3), the application must be dealt with by an individual within
the public sector agency who is directed by the agency to deal with the
application. That individual must be, as far as is practicable, a person--
(a)
who was not substantially involved in any matter relating to the conduct the
subject of the application, and
(b) who is an employee or officer of the
agency, and
(c) who is otherwise suitably qualified to deal with the matters
raised by the application.
(5) In reviewing the conduct the subject of the
application, the individual dealing with the application must consider any
relevant material submitted by--
(6) The review must be completed as soon as is
reasonably practicable in the circumstances. However, if the review is not
completed within 60 days from the day on which the application was received,
the applicant is entitled to make an application under section 55 to the
Tribunal for an administrative review of the conduct concerned.
(7) Following
the completion of the review, the public sector agency whose conduct was the
subject of the application may do any one or more of the following--
(8) As soon as practicable (or in any event within 14
days) after the completion of the review, the public sector agency must notify
the applicant in writing of--
(a) the findings of the review (and the reasons
for those findings), and
(b) the action proposed to be taken by the agency
(and the reasons for taking that action), and
(c) the right of the person to
have those findings, and the agency's proposed action, administratively
reviewed by the Tribunal.