PRIVACY AND DATA PROTECTION ACT 2014 (NO. 60 OF 2014) - SECT 66 What happens if conciliation is inappropriate?
PRIVACY AND DATA PROTECTION ACT 2014 (NO. 60 OF 2014) - SECT 66
What happens if conciliation is inappropriate?(1) If the Commissioner does not consider it reasonably possible that a complaint may be conciliated successfully under Subdivision 3, the Commissioner 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 Commissioner, may require the Commissioner to refer the complaint to VCAT for hearing under Subdivision 5.
(3) Within 60 days after receiving the Commissioner's notice under subsection (1), the complainant, by notice in writing given to the Commissioner, may require the Commissioner to refer the complaint to VCAT for hearing under Subdivision 5.
(4) The Commissioner must comply with a notice under subsection (3).
(5) If the complainant does not notify the Commissioner under subsection (3), the Commissioner may dismiss the complaint.
(6) As soon as possible after a dismissal under subsection (5), the 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.