Section 43A — Privacy Act 1988 (Cth)

(1) An interested party in relation to an investigation under this Division may, in writing, request that the Commissioner hold a hearing before the Commissioner makes a determination under section 52 in relation to the investigation.

(2) If an interested party makes request under subsection (1), the Commissioner must:

(a) notify any other interested party of the request; and

(b) give all interested parties a reasonable opportunity to make a submission about the request; and

(c) decide whether or not to hold a hearing.

(3) In this section:

interested party in relation to an investigation means:

(a) in the case of an investigation under subsection 40(1)—the complainant or respondent; or

(b) otherwise—the person or entity that engaged in the act or practice that is being investigated.

Related sections

• s 41 — Commissioner may or must decide not to investigate etc. in certain circumstances
• s 42 — Preliminary inquiries
• s 43 — Conduct of investigations
• s 44 — Power to obtain information and documents
• s 45 — Power to examine witnesses
• s 46 — Directions to persons to attend compulsory conference

Research how courts apply s 43A

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