Victorian Consolidated Legislation

Information Privacy Act 2000 - SECT 37

What happens if conciliation fails?

37. What happens if conciliation fails?



(1) If the Privacy Commissioner has attempted unsuccessfully to conciliate a
complaint, he or she must notify the complainant and the respondent in
writing.

(2) A notice under subsection (1) must state that the complainant, by notice
in writing given to the Privacy Commissioner, may require the Privacy
Commissioner to refer the complaint to the Tribunal for hearing under Division
5.

(3) Within 60 days after receiving the Privacy Commissioner's notice under
subsection (1), the complainant, by notice in writing given to the Privacy
Commissioner, may require the Privacy Commissioner to refer the complaint to
the Tribunal for hearing under Division 5.

(4) The Privacy Commissioner must comply with a notice under subsection (3).

(5) If the complainant does not notify the Privacy Commissioner under
subsection (3), the Privacy Commissioner may dismiss the complaint.

(6) As soon as possible after a dismissal under subsection (5), the Privacy
Commissioner must, by written notice, notify the complainant and the
respondent of the dismissal.

(7) A complainant may take no further action under this Act in relation to the
subject matter of a complaint dismissed under this section.

Division 4-Interim orders