INFORMATION PRIVACY ACT 2009 - SECT 166 Requirements for privacy complaint

INFORMATION PRIVACY ACT 2009 - SECT 166

166 Requirements for privacy complaint

(1) A privacy complaint made or referred to the information commissioner must—

(a) be written; and

(b) state an address of the complainant to which notices may be forwarded under this Act; and

(c) give particulars of the act or practice complained of.

(2) For a privacy complaint made to the commissioner by an individual, the commissioner must give reasonable help to the complainant to put the complaint into written form.

(3) However, an individual may not make a privacy complaint to the commissioner unless—

(a) the individual has first complained to an appropriate person within the relevant entity under the complaints management system of the relevant entity; and

(b) at least 45 business days have elapsed since the complaint was made under paragraph (a) ; and

(c) the individual has not received a response to the complaint or the individual has received a response but considers the response not to be an adequate response.