(1A) A
person (
"the applicant" ) who is aggrieved by the conduct of a Minister (or a
Minister's personal staff) constituting a contravention of section 15
(Alteration of personal information) may apply to the Civil and Administrative
Tribunal for an administrative review under the
Administrative Decisions Review Act 1997 of the conduct.
(2) On reviewing
the conduct of the public sector agency concerned, the Tribunal may decide not
to take any action on the matter, or it may make any one or more of the
following orders--
(a) subject to subsections (4) and (4A), an order requiring
the public sector agency to pay to the applicant damages not exceeding $40,000
by way of compensation for any loss or damage suffered because of the conduct,
(4) The Tribunal may make
an order under subsection (2) (a) only if--
(a) the application relates to
conduct that occurs after the end of the 12 month period following the date on
which Division 1 of Part 2 commences, and
(b) the Tribunal is satisfied that
the applicant has suffered financial loss, or psychological or physical harm,
because of the conduct of the public sector agency.
(4A) The Tribunal may not
make an order under subsection (2) (a) if--
(5) If, in the course of an administrative review, the
Tribunal is of the opinion that the chief executive officer or an employee of
the public sector agency concerned has failed to exercise in good faith a
function conferred or imposed on the officer or employee by or under this Act
(including by or under a privacy code of practice), the Tribunal may take such
measures as it considers appropriate to bring the matter to the attention of
the responsible Minister (if any) for the public sector agency.
(6) The
Privacy Commissioner is to be notified by the Tribunal of any application for
an administrative review. The Privacy Commissioner has a right to appear and
be heard in any proceedings before the Tribunal in relation to an
administrative review.