Victorian Consolidated Legislation

Information Privacy Act 2000 - SECT 43

What may the Tribunal decide?

43. What may the Tribunal decide?



(1) After hearing the evidence and representations that the parties to a
complaint desire to adduce or make, the Tribunal may-

   (a)  find the complaint or any part of it proven and make any one or more
        of the following orders-

   (i)  an order restraining the respondent, or the organisation of which the
        respondents are members of the committee of management, from repeating
        or continuing any act or practice the subject of the complaint which
        the Tribunal has found to constitute an interference with the privacy
        of an individual;

   (ii) an order that the respondent perform or carry out any reasonable act
        or course of conduct to redress any loss or damage suffered by the
        complainant, including injury to the complainant's feelings or
        humiliation suffered by the complainant, by reason of the act or
        practice the subject of the complaint;

   (iii) an order that the complainant is entitled to a specified amount, not
        exceeding $100 000, by way of compensation for any loss or damage
        suffered by the complainant, including injury to the complainant's
        feelings or humiliation suffered by the complainant, by reason of the
        act or practice the subject of the complaint;

   (iv) if the act or practice the subject of the complaint is subject to an
        approved code of practice, an order that the code administrator take
        specified steps in the matter, which may include using conciliation or
        mediation, securing an apology or undertaking as to future conduct
        from the respondent or the payment of compensation, not exceeding $100
        000, by the respondent; or

   (b)  find the complaint or any part of it proven but decline to take any
        further action in the matter; or

   (c)  find the complaint or any part of it not proven and make an order that
        the complaint or part be dismissed; or

   (d)  in any case, make an order that the complainant is entitled to a
        specified amount to reimburse the complainant for expenses reasonably
        incurred by the complainant in connection with the making of the
        complaint and the proceedings held in respect of it under this Act.

(2) In an order under subparagraph (i) or (ii) of paragraph (a) of subsection
(1) arising out of a breach of IPP 6.5 or 6.6, the Tribunal may include an
order that-

   (a)  an organisation or respondent make an appropriate correction to the
        personal information; or

   (b)  an organisation or respondent attach to the record of personal
        information a statement provided by the complainant of a correction
        sought by the complainant.

(3) If an order of the Tribunal relates to a public register, the Privacy
Commissioner must, as soon as practicable after its making, report the order
to the Minister responsible for the public sector agency or Council that
administers that public register.

(4) The Privacy Commissioner may include in a report under subsection (3)
recommendations in relation to any matter that concerns the need for, or the
desirability of, legislative or administrative action in the interests of
personal privacy.

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