Victorian Consolidated Legislation

Information Privacy Act 2000 - SECT 38

Tribunal may make interim orders before hearing

38. Tribunal may make interim orders before hearing



(1) A complainant or a respondent or the Privacy Commissioner may apply to the
Tribunal for an interim order to prevent any party to the complaint from
acting in a manner prejudicial to negotiations or conciliation or to any
decision or order the Tribunal might subsequently make.

(2) An application may be made under subsection (1) at any time before the
complaint is referred to the Tribunal.

(3) In making an interim order, the Tribunal must have regard to-

   (a)  whether or not the complainant has established a prima facie case with
        respect to the complaint; and

   (b)  any possible detriment or advantage to the public interest in making
        the order; and

   (c)  any possible detriment to the complainant's or the respondent's case
        if the order is not made.

(4) An interim order applies for the period, not exceeding 28 days, specified
in it and may be extended from time to time by the Tribunal.

(5) The party against whom the interim order is sought is a party to the
proceeding on an application under subsection (1).

(6) In making an interim order, the Tribunal-

   (a)  may require any undertaking as to costs or damages that it considers
        appropriate; and

   (b)  may make provision for the lifting of the order if specified
        conditions are met.

(7) The Tribunal may assess any costs or damages referred to in subsection
(6)(a).

(8) Nothing in this section affects or takes away from the Tribunal's power
under section 123 of the Victorian Civil and Administrative Tribunal Act 1998
to make orders of an interim nature in a proceeding in the Tribunal in respect
of a complaint.

Division 5-Jurisdiction of the Tribunal