Site Changes

On 1 November 2010 the Office of the Privacy Commissioner was integrated into the Office of the Australian Information Commissioner and a new website established at www.oaic.gov.au.

Note 1: Major changes to the Privacy Act 1988 will come into effect in March 2014. Agencies, businesses and not for profits need to start preparing for these changes. For more information go to our privacy law reform page at www.oaic.gov.au
Note 2: From 12 March 2013 content is no longer being added to, or amended, on this site, consequently some information may be out of date. For new privacy content visit the www.oaic.gov.au website.

Answer 3 (more)

Question 3:

Did you become aware of the act or practice you are complaining about within the last twelve months?

Answer: Please give me more information

The Commissioner may decide not to investigate your complaint if you became aware of the act or practice that you are complaining about more than 12 months ago. This is because the evidence available is likely to be stale or key people may no longer be able to recollect the events that occurred (Section of the Privacy Act to read: 41(1)(c)) .

However, if you have good reasons for taking more than 12 months to tell the Commissioner about the matter, for example you have been trying to resolve it directly with the respondent, then the Commissioner may decide to investigate even though more than 12 months have passed.

Our case note will tell you more about how the Commissioner makes decisions in this kind of situation.

KEY POINT

The Commissioner may decide not to investigate your complaint if you became aware of the act or practice you are complaining about more than 12 months ago.

Click here to return to the start of the ComplaintChecker

Click here to return to Question 3