Section 38B — Privacy Act 1988 (Cth)

(1) The Commissioner may, on application by a class member, replace the complainant with another class member, where it appears to the Commissioner that the complainant is not able adequately to represent the interests of the class members.

(2) A class member may, by notice in writing to the Commissioner, withdraw from a representative complaint:

(a) if the complaint was lodged without the consent of the member—at any time; or

(b) otherwise—at any time before the Commissioner begins to hold an inquiry into the complaint.

Note: If a class member withdraws from a representative complaint that relates to a matter, the former member may make a complaint under section 36 that relates to the matter.

(3) The Commissioner may at any stage direct that notice of any matter be given to a class member or class members.

Related sections

• s 37 — Principal executive of agency
• s 38 — Conditions for making a representative complaint
• s 38A — Commissioner may determine that a complaint is not to continue as a representative complaint
• s 38C — Amendment of representative complaints
• s 39 — Class member for representative complaint not entitled to lodge individual complaint
• s 40 — Investigations

Research how courts apply s 38B

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