Section 53B — Privacy Act 1988 (Cth)

(1) This section applies if:

(a) a determination under section 52 applies in relation to a contracted service provider for a Commonwealth contract; and

(b) the determination includes:

(i) a declaration under subparagraph 52(1)(b)(iii) that the complainant is entitled to a specified amount by way of compensation; or

(ia) a declaration under paragraph 52(1A)(d) that one or more individuals are entitled to a specified amount by way of the compensation; or

(ii) a declaration under subsection 52(3) that the complainant is entitled to a specified amount by way of reimbursement; and

(c) at a particular time after the determination was made, the provider:

(i) dies or ceases to exist; or

(ii) becomes bankrupt or insolvent, commences to be wound up, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of any property for the benefit of creditors; and

(d) at that time, the complainant or individuals had not been paid the whole or part of an amount referred to in paragraph (b).

(2) The Commissioner may determine in writing that the determination under section 52 instead applies in relation to a specified agency to which services were or were to be provided under the contract. The determination has effect according to its terms for the purposes of section 60.

Note: This means that the amount owed by the contracted service provider will be a debt due by the agency to the complainant or individuals.

(3) Before making a determination, the Commissioner must give the agency:

(a) a notice stating that the Commissioner proposes to make the determination and stating the reasons for the proposal; and

(b) an opportunity to appear before the Commissioner and to make oral and/or written submissions relating to the proposed determination.

Related sections

• s 52A — Determination—requirement to notify conduct constituting interference with privacy of individual
• s 53 — Determination must identify the class members who are to be affected by the determination
• s 53A — Notice to be given to outsourcing agency
• s 54 — Application of Division
• s 55 — Obligations of organisations and small business operators
• s 55A — Proceedings in the Federal Court or Federal Circuit and Family Court of Australia (Division 2) to enforce a determination

Research how courts apply s 53B

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