If you are not satisfied with a decision we have made, you can ask us to review the decision. This will generally be done by an Officer not previously involved with your complaint. For more information, please call our Privacy Enquiries Line on 1300 363 992.
What further action can I take?
You can apply to the Court for judicial review of a decision not to investigate your complaint or a determination following the investigation of your complaint
If you think that:
- A decision by the Privacy Commissioner not to investigate, or not to investigate further, your complaint under the Privacy Act is not legally correct; or
- A determination by the Commissioner following the investigation of your complaint is not legally correct;
you can apply for a review of the decision or the determination by the Federal Court of Australia or the Federal Magistrates Court. You can make this application under the Administrative Decisions (Judicial Review ) Act 1977 (Cth).
The Court will not review the merits of your case but it may refer the matter back to the Commissioner for further consideration if it finds the Commissioner's decision was wrong in law or the Commissioner's powers were not exercised properly.
If you want the Court to review the decision not to investigate or the Commissioner's determination you must lodge an application to the Court within 28 days of the date of the decision or determination. You may wish to seek legal advice as the process can involve fees and costs.
Please contact the Federal Court registry in your State or Territory for more information, or visit www.fedcourt.gov.au/contacts/contacts.html.
If you think you have been treated unfairly you can make a complaint to the Commonwealth Ombudsman
If you believe you have been treated unfairly by the Commissioner, or the staff of the Office of the Privacy Commissioner, you can make a complaint to the Commonwealth Ombudsman.
The Ombudsman's services are free. The Ombudsman can investigate complaints about the administrative actions of Australian Government agencies to see if you have been treated unfairly.
If the Ombudsman finds your complaint is justified, the Ombudsman can recommend that the Office reconsider or change its action or decision or take any other action that the Ombudsman considers is appropriate.
You can contact the Ombudsman's office for more information on 1300 362 072 or visit http://www.comb.gov.au/.
You can apply to the Administrative Appeals Tribunal to review declarations about compensation and expenses
If the Privacy Commissioner has made a determination about a complaint involving an Australian or ACT government agency, and you or the respondent disagree with:
- a declaration about the amount of compensation that should be paid;
- a decision not to make a declaration that compensation should be paid; or
- a decision to make a declaration that the complainant is entitled to be reimbursed for expenses incurred in making the complaint;
you can apply to the Administrative Appeals Tribunal (AAT) to review the declaration about compensation or expenses.
The AAT will decide if the Commissioner has made the correct decision about compensation and expenses. If the AAT decides the decision about the compensation and expenses is incorrect, it may make a new decision about these issues.
If you want the AAT to review a declaration about compensation or expenses, you need to lodge an application to the AAT within 28 days of receiving our final decision.
Please contact the Tribunal Registry in your State or Territory for more information, or visit www.aat.gov.au/ApplyingToTheAAT.htm.