Section 36A — Privacy Act 1988 (Cth)

In general, this Part deals with complaints and investigations about acts or practices that may be an interference with the privacy of an individual.

An individual may complain to the Commissioner about an act or practice that may be an interference with the privacy of the individual. If a complaint is made, the Commissioner is required to investigate the act or practice except in certain circumstances.

The Commissioner may also, on his or her own initiative, investigate an act or practice that may be an interference with the privacy of an individual or a breach of Australian Privacy Principle 1.

The Commissioner has a range powers relating to the conduct of investigations including powers:

(a) to conciliate complaints; and

(b) to make preliminary inquiries of any person; and

(c) to require a person to give information or documents, or to attend a compulsory conference; and

(d) to transfer matters to an alternative complaint body in certain circumstances.

After an investigation, the Commissioner may make a determination in relation to the investigation. An entity to which a determination relates must comply with certain declarations included in the determination. Court proceedings may be commenced to enforce a determination.

Related sections

• s 34 — Provisions relating to documents exempt under the Freedom of Information Act 1982
• s 35 — Direction where refusal or failure to amend exempt document
• s 35A — Commissioner may recognise external dispute resolution schemes
• s 36 — Complaints
• s 36B — Complaints relating to the data sharing scheme
• s 37 — Principal executive of agency

Research how courts apply s 36A

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.