Victorian Consolidated Legislation

Information Privacy Act 2000 - SECT 25

Complaints

25. Complaints



(1) An individual in respect of whom personal information is, or has at any
time been, held by an organisation may complain to the Privacy Commissioner
about an act or practice that may be an interference with the privacy of the
individual.

(2) A complaint may be made under subsection (1) if-

   (a)  there is no applicable code of practice in relation to the holding of
        the information by the organisation; or

   (b)  there is an applicable code of practice in relation to the holding of
        the information by the organisation but that code does not provide for
        the appointment of a code administrator to whom complaints may be
        made; or

   (c)  there is an applicable code of practice in relation to the holding of
        the information by the organisation that provides for the appointment
        of a code administrator and not less than 45 days before complaining
        under subsection (1) the individual complained to the code
        administrator in accordance with the procedures set out in that code
        but has received no response or a response that the individual
        considers to be inadequate.





(3) In the case of an act or practice that may be an interference with the
privacy of 2 or more individuals, any one of those individuals may make a
complaint under subsection (1) on behalf of all of the individuals with their
consent.

(4) A complaint must be in writing and lodged with the Privacy Commissioner by
hand, facsimile or other electronic transmission or post.

(5) It is the duty of employees in the office of the Privacy Commissioner to
provide appropriate assistance to an individual who wishes to make a complaint
and requires assistance to formulate the complaint.

(6) The complaint must specify the respondent to the complaint.

(7) If the organisation represents the Crown, the State shall be the
respondent.

(8) If the organisation does not represent the Crown and-

   (a)  is a legal person, the organisation shall be the respondent; or

   (b)  is an unincorporated body, the members of the committee of management
        of the organisation shall be the respondents.

(9) A failure to comply with subsection (6) does not render the complaint, or
any step taken in relation to it, a nullity.