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- 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From 12 March 2013 content is no longer being added to, or amended, on this site, consequently some information may be out of date.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 4 (more)
Question 4:
Have you lodged your complaint with another dispute resolution body, for example the Commonwealth Ombudsman or Australian Competition & Consumer Commission, which is investigating your complaint?
Your answer: Please give me more information
The Commissioner may decide not to investigate your complaint if you have already complained to another body about the same matter and a different law applies to it. If your complaint is being dealt with adequately under this other law, then the Commissioner will usually decide not to set up an additional investigation into it (Section of the Privacy Act to read: 41(1)(e)).
The Commissioner may also decide not to investigate your complaint if it would be more appropriately dealt with by another body (Section of the Privacy Act to read: section 41(1)(f)).
Some of these bodies are:
- Australian Competition & Consumer Commission
- Australian Federal Police
- Australian Securities & Investments Commission
- Commonwealth Ombudsman
- Human Rights and Equal Opportunity Commission
- NSW Privacy Commissioner (new window)
- NT Information Commissioner
- Victorian Privacy Commissioner
The following case notes: 2004_6, 2004_8, will tell you more about how the Commissioner makes decisions in this kind of situation.
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